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I 


THE 


Election 



GENERAL, SPECIAL AND TOWNSHIP ELECTIONS, 


PUNISHMENTS PEESCIHBEH FOR THE VIOLATION 

THEREOF; 


WITH 



DECISIONS OF THE SUPREME COURT THEREON, CONSTITUTIONAL 
AMENDMENTS, AND ACTS OF 1881, MADE IN 
PURSUANCE THEREOF. 




INDIANAPOLIS: 


18 8 2 - 






■» 













EXPLANATION. 


The election laws made in pursuance of the late constitu¬ 
tional amendments are entirely new in some of their provisions, 
requiring officers having duties to perform under them to care¬ 
fully study and examine the requirements of them anew. 

To facilitate this labor, and to render this task as easy as 
possible, the laws have been compiled and so arranged as to 
condense into one place the duties required of each officer. 

The duties of election hoards have been carefully collected, 
and the duties of inspectors and jiidges pointed out and explained 
by reference to supreme court decisions thereon. 

The necessary forms of oaths of inspectors, judges and clerks, 
with oaths and manner of proceeding in cases of challenged 
voters, are given in full, with full explanation of the duties of 
officers in making returns, and certifying the same. 



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ELECTIONS. 


OOlNTSTITXJTIOnsr^Xj VISIOJNTS. 


GENERAL ELECTION—WHEN HELD. 

« 

It is provided by Section 1, Article II., of the Constitution of 
the State of Indiana, that ‘‘all elections shall be free and equal.” 

It is also provided by Section 2, Article II., of the Constitu¬ 
tion of Indiana, “that in all elections not otherwise provided for 
in this constitution, every male citizen of the United States, of 
the age of twenty-one years and upward, who shall have resided 
in the State during the last six months, and in the township 
sixty days, and in the ward or precinct thirty days, immediately 
preceding such election, and every male of foreign birth of the 
age of twenty-one years and upward, who shall have resided 
in the United States one year, and shall have resided in this 
State during the six months, and in the township sixty days, 
and in the ward or precinct thirty days immediately preceding 
such an election, and shall have declared his intention to become 
a citizen t>f the United States, Conformably to the laws of the 
United States on the subject of naturalization, shall be entitled 
to vote in the township or precinct where he may reside, if he 
shall be duly registered according to law.” Acts 1881, p. 30. 

Section 14, Article 11., of the Constitution of Indiana, pro¬ 
vides that “All general elections shall be held on the first 
Tuesday after the first Monday in November; but township 
elections may be held at such time as may be provided by law: 




6 


Provided^ That the general assembly may provide by law for 
the election of all judges of courts of general and appellate 
jurisdiction, by an election to be held for such officers, at which 
time no other officer shall be voted for, and shall also provide 
for the registration of all persons entitled to vote/’ Id. 

Section 6, Article II., of the Constitution of the State of 
Indiana, provides that Every person shall be disqualified from 
holding office during the term for which he may have been 
elected, who shall have given or oftered a bribe, threat or 
reward to procure his election. 1 G. & II., 35; 1 R. S. 1876, 26. 

Section 13, Article II., of the Constitution of Indiana, pro¬ 
vides that ‘‘All elections by the people shall be by ballot, and 
all elections by the general assembly, or by either branch 
thereof, shall be viva voced^ 38 Ind., 89. 

By sections 7 and 9 of schedule to the constitution, all offi¬ 
cers, state and county, shall be elected at the general elections; 
so, also, members of the lower house of Congress. And, under 
the constitution as now amended, the electors for President and 
Vice-President shall be elected at the general election. ' 

The legislature declares, in its act approved April 21, 1881, 
(Acts 1881, p. 482), that an election shall be held on the first 
Tuesday after the first Monday in November, in the year 1882, 
and biennially thereafter on the same day, “at which election 
all existing vacancies in office, and all officers the terms of 
which will expire before the next general election thereafter, 
shall be filled, unless otherwise provided by law. But by sec¬ 
tion 57 of the same act, (Acts 1881, p. 495), it is provided that an 
election shall be held in each township of each county in this 
state on the first Monday of April, 1882, and every second year 
thereafter, for the purpose of electing justices of the peace, 
township trustees, assessors, constables, and such other officers 
for such township as may be provided by law. 

By an act approved April 15, 1881, (Acts 1881, p. 535), it is 
provided, “That at the township election on the first Monday 
in April, 1882, and biennially thereafter, there shall be elected 
one superintendent of roads in each township throughout the 
state, who shall hold his office for two years. 


7 


CLERK OF CIRCUIT COURT. 


It is made the duty of the clerk of the circuit court to certify 
to the sheriff of the county what officers are to be elected at any 
general or township election, including therein all officers 
whose term of office will expire within two years of the next 
ensuing election. This certificate shall be delivered to the 
sheriff at least twenty days before the election. Section 2, acts 
1881, 482; 15 Ind., 327. 

It is made the duty of the clerk of the circuit court to re¬ 
ceive from the inspector of any election the ballots, with one 
of the lists of voters and one of the tally sheets, the same hav¬ 
ing been first closely enveloped in a strong paper envelope and 
sealed with wax, and marked with ink, giving number ^nd name 
of township, on or before the Thursday next succeeding such 
election. Section 35, p. 490, Acts 1881. 

Before receiving such package, the clerk shall cause such in¬ 
spector to take and subscribe an oath, which may be in the 
following form: 


State of Indiana, 
County of - 


} 


SS : 


I, A B, inspector of an election held at -, in 

-township of said county, on the-day of 

-, 188..., swear that at the close of such election, I, 

in the presence of the judges, placed all the ballots, one of the 
poll lists and tally papers, in a paper envelope, and sealed the 
same with wax in the presence of said judges, and now deliver 
said package to the clerk of the circuit court of said county, 
and I further swear that I have securely kept the same, and 
permitted no one to open said envelope, or to touch or tamper 
with said ballots or papers therein, and that no person has 
broken such seal or opened such envelope to my knowledge, 
and that the same are in all respects in the same condition they 
were when sealed in the presence of the judges. 

A B. 


The clerk shall administer this oath to the inspector, and 
securely keep such envelope, so sealed, with the ballots and 
papers therein in the same condition it was in when delivered 







8 


to him by the inspector in his office, unless opened by said 
inspector in the presence of the board of canvassers, as herein 
provided, for a period of six months. Section 36. 

The clerk of the circuit court shall act as clerk of the board 
of canvassers. Section 38. 

When any person is elected to any office, not to be commis¬ 
sioned by the governor, the clerk, after ten days from the time 
of the return of such election, shall, on demand, make out and 
deliver to such person a certificate of his election; but in cases 
where the officer is to be commissioned by the governor, he 
shall make out his statement, imder his hand and seal, giving 
therein the number of votes given to each person, for each 
office, and who has been declared elected, and shall transmit 
the same, by mail, to the secretary of state within ten days. 
Section 43. 

In the election of state senators or representatives, when two 
or more counties compose the district, the clerks of such coun¬ 
ties shall, on the next day after the return, make out a certifi¬ 
cate of the votes received by each person for senator or repre¬ 
sentative, and deliver the same to the sheriflF of his county. 
Section 45. In cases where two or more persons shall receive 
the highest and an equal number of votes, the clerk of the 
county where the canvass is made shall forthwith certify the 
fact to the governor. Section 47. 

On the day succeeding the canvass, the clerk shall make out 
certified statements, under his hand and seal, of the number of 
votes given to each person for governor and lieutenant gover¬ 
nor, for representative in Congress, judges of the supreme and 
circuit courts, clerk of supreme court, reporter of decisions of 
the supreme court, prosecuting attorney, superintendent of pub¬ 
lic instruction, secretary, treasurer and auditor of state, and 
for senator and representatives in the general assembly, and 
deliver the same to some postmaster of the county, to be trans¬ 
mitted by mail to the secretary of state, taking from such post¬ 
master a receipt for the same, setting forth particularly when 
such certified statement was deposited. Section 48. 

On the day following the return day of an election for gov¬ 
ernor and lieutenant governor, the clerk shall make out, at full 
length, certified statements, under the seal of the court, of such 
election, and transmit a copy to the speaker of the house of 


9 


representatives ot the next general assembly, by bis senator or 
representative, who shall deliver the same to the speaker on or 
before the second day of the session, and another copy directed 
to the speaker, shall be transmitted by mail in the care of the 
secretary of state. Section 57. 

When a justice of the peace has been elected the clerk shall 
certify the fact to the secretary of state. Section 59. 

In cases of recount the clerk of the circuit court shall act as 
clerk of the commissioners appointed for the purpose; and 
when the recount is completed the clerk shall file in his oflice 
the certificate of such recount, and record the same in the order 
book. Section 64. 

When a recount is completed, the clerk shall replace the bal¬ 
lots ill the ballot boxes and securely lock the same, and the clerk 
shall receive from the petitioner for his services five dollars for 
every day he is so engaged. Section 65. 

For the duties of clerk in cases of contested election, see Sec¬ 
tions 70, 71, 72, 75, 76, 78, 82‘, 88 and 90, Acts 1881, pp. 499-502. 


COUOTY COMMISSIOJIERS. 

The board of commissioners of each county, where the same 
has not been already done, shall at the first session after the 
taking efifect of this act, or as soon thereafter as practicable, 
designate places of holding elections and precincts, which shall 
be described by definite boundaries. There shall be at least one 
place of voting in each township; and when there is but one 
voting place, the township shall constitute a precinct. A town¬ 
ship may be divided into two or more precincts, but there shall 
be but one voting place in- a precinct. 'No precinct shall con¬ 
tain more than three hundred and fifty voters, to be ascertained 
by the board of commissioners as nearly as possible by the official 
returns of the last general election. In forming precincts, 
regard shall be had to natural divisions, population and con¬ 
venience of voters. Section 8. 

The board of commissioners may change the boundary of any 
precinct, dr divide any precinct into two or more, or of two or 
more form one, or change the place of holding election when- 



10 


ever public convenience requires; but no change of the bound¬ 
ary of any precinct, or the place of holding elections in any 
precinct, shall be made after the June term of said board on the 
year of any election; but no such change, division or consoli¬ 
dation shall be valid without giving due notice of at least one 
month before any election, in the newspaper having the largest 
circulation in the county, or by posting notices in four of the 
most public places in the precinct. Section 9. 

When there is but one precinct in a township, the township 
trustee is by virtue of his office, inspector. Section 10. 

Where there are more than one precinct in a township the 
board of commissioners, at their June term next preceding any 
election, shall appoint some qualified voter of such precinct as 
inspector, who has been a freeholder and resident householder 
in the precinct for at least one year previous to such election. 
The board may at a regular or called session fill any vacancy 
that may occur. Section 11. 

The board of commissioners shall provide a suitable number 
of ballot boxes to furnish one to each precinct. Such ballot 
boxes shall contain at least two locks. Section 18. For manner 
of constructing same, see Sections 18 and 19. 

Contests of the election of county and township officers shall 
be tried by the board of commissioners of the county; but all 
contests of district and circuit officers, not otherwise provided 
for, shall be tried in the county giving the largest vote for such 
officer. Section 81 et seq. For the manner of conducting a 
contest before the board of commissioners, see Clarke on Com¬ 
missioners and Auditors, pp. 26-37. See also, 46 Ind., 122; 27 
Ind., 197; 16 Ind., 319; 15 Ind., 327; 39 Ind., 605; 34 Ind.^ 
425; 32 Ind., 121; 41 Ind., 572; 14 Ind., 93. 


INSPECTORS. 

The township trustee is ex-officio inspector of elections in his 
township. When more than one precinct has been formed in 
a township, the trustee shall be the inspector in the precinct in 
which he resides, and an inspector for each additional precinct* 
of the township shall be appointed. Sections 10 and 11. 


11 


The inspector so appointed shall be a resident freeholder and 
householder of the precinct, and shall have been such for at least 
one year next preceding the election at which he acts as in¬ 
spector. Section 11. 

It is made the duty of each inspector ot elections to be pres¬ 
ent at the place of holding elections in his township or pre¬ 
cinct at or before eight o’clock in the morning of the day of 
election, and should such inspector not appear at that hour, or 
if from any cause there should be a vacancy in the office of in¬ 
spector, or none has been appointed, then the qualified voters 
of the precinct who may be present shall appoint by a majority 
viva voce vote some qualified voter of the precinct, who shall 
have been a resident householder and freeholder in such pre¬ 
cinct at least one year next succeeding such election. Section 14. 

The inspector shall be chairman of the board of election. 
He shall, prior to the opening of the polls in his precinct, ap¬ 
point as judges of the election two qualified voters of the pre¬ 
cinct, who have been freeholders and resident householders 
therein for at least one year next preceding such election, who 
are members of different political parties, and of the parties 
which cast the highest number of votes in such precinct at the 
next preceding general election; and such judges, together with 
the inspector, shall constitute the board of election. Section 15. 


BOARD OF ELECTION. 

The board of election consists of one inspector and two 
judges. But no person shall be eligible as a member of the 
board of election who has anything of value bet or wagered on 
the result of ^uch election, or who is a candidate or of kin to 
any candidate of such election. Section 10; 47 Ind., p. 127. 

The inspector may, at any stage of the election, if it shall be 
made to appear by the affidavit of any qualified voter of the 
precinct, that either or both of such judges are disqualified, re¬ 
move such judge and fill his place with a qualified person; and 
if such disqualified judge shall have taken the oath of office, 
the inspector shall place such oath and affidavit before the next 
grand jury. Id. 



12 


Such board of election shall appoint two clerks, who shall be 
qualified voters of such precinct, and belong to the two diifer- 
ent political parties casting the highest number of votes in the 
precinct. Section 10. 

Before any election shall be opened, the inspector and judges 
shall each make oath to support the constitution of the United 
States, and of this state, to faithfully and impartially discharge 
the duties assigned by law. Section 15. 

This oath shall be in writing or printed, and shall be sub¬ 
scribed and executed before some ofilcer authorized by law to 
administer oaths; which officer shall attach his jurat, and such 
oath shall be attached to the poll book, and with it returned to 
the clerk’s office. Section 15. 

When no other officer is present to administer the oaths of 
office, the inspector shall administer the oath to the judges, and 
one of said judges shall then administer the oath to the in¬ 
spector. Section 16. 


OATH OF mSPECTOB. 


The oath of inspector may be in the following form: 
State of Indiana, 



County of 


I, A B, swear that I will support the Constitution of the 
United States, the Constitution of the State of Indiana, and 
that I will faithfully and impartially discharge my duties as¬ 
signed by law; that I will not knowingly permit any person to 
vote who ,is not qualified, and not knowingly refuse the vote of 
any qualified elector, or cause any delay to a person offering to 
vote, further than is necessary to procure satisfactory informa¬ 
tion of the qualifications of such person as an elector; that I 
am now a bona fide resident and freeholder in this precinct, and 
have been such resident and freeholder of the township in 
which this precinct is situated for more than one full year next 
preceding this election. So help me God. A B. 


Sworn to and subscribed before me, this-day 


of-, 188—. 


C D, Justice. 






13 


This form, with a little modification, will answer for the oath 
of the judges. See section 15. 

The inspector and judges may join in one affidavit, as fol¬ 
lows: 

State of Indiana, 

County of- 

I, A B, as inspector, and C D and E F, as judges, do each 
solemnly swear that I will support, etc., the same as above. 
Section 15. 

The oath administered to the clerks is required to be in 
writing, and may be administered by the inspector. This oath 
shall bind such clerks to a faithful discharge of their duties. 
Section 17. 

The oath of the clerks and all other oaths which may be re¬ 
quired in the discharge of the duties of the election board shall 
be in writing or printed, and shall be signed by the person 
making such oath in the presence of such hoard, and the per¬ 
son administering such oaths shall affix his jurat thereto, and 
said affidavit shall be attached to and returned with the poll 
book to the office of the county clerk. Section 17. 

When the election board and clerks have each taken the 
oath required by law, the election shall be opened between 
eight and ten o’clock in the forenoon and remain open until 
four o’clock in the afternoon, when said election may be closed 
at any time, when all the electors of the precinct have voted, 
or when no vote has been oftered for fifteen minutes; but in no 
case shall the polls be kept open after six o’clock in the after¬ 
noon; nor shall the polls be closed before six, except by the 
unanimous consent of the members of the election board. Sec¬ 
tion 20. 

When the polls are closed the inspector must proclaim that 
fact, and the clerk shall make a minute of the fact of such 
closing and proclamation on the tally papers, and the exact 
time shall be stated. Id. 




14 


CHALLENGES. 

Any person oftering to vote may be challenged as unqualified 
by any qualified elector; and it is the duty of the inspector and 
judges to challenge any person ofiering to vote whom they, or 
either of them, shall know or suspect not to be qualified; and 
if the person challenged insists upon voting, and the challenge 
be not withdrawn, the inspector, or one of the judges, shall ad¬ 
minister to him, if he claims to be a citizen of the United 
States, an oath, which must be written or printed, which shall 
be signed by the person making such oath in the presence of 
the board, and the member of the board who administered the 
oath shall affix his jurat, and the oath and jurat shall be at¬ 
tached to and returned with the poll list to the ofiice of the clerk 
of the circuit court. Section 24; 9 Ind., 475 ; 52 Ind., 361. 

• I 


OATH OF CHALLENGED VOTER. 


State of Indiana, 
County of - 


} 


SS: 


I, H M, do solemnly swear that I am a citizen of the United 
States ; that I am over the age of twenty-one years, to the best 
of my information and belief; that I have been a bona fide res¬ 
ident of this state for six months immediately preceding this 
election; that I have resided in this township sixty days, and 
in the precinct thirt}^ days, and am now a bona fide resident of 
this precinct; that I am generally known by the name in which 
I now desire to vote, and that I have not voted and will not 
vote in any other precinct at this election. H M. 


Sworn to and subscribed before, and in the presence of the 
election board, this-day of-, 188-. 

A B, Inspector. 


If the party offering to vote does not claim to be a citizen of 
the United States, the oath may be in the following form: 






15 


State of Indiana, 
County op- 



I, C V, do solemnly swear that I have resided in the United 
States one year, and have declared my intention to become a 
citizen thereof in conformity with the laws thereof; that I am 
over twenty-one years of age, to the best of my information 
and belief; that I have been a bona fide resident of this state 
for six months immediately preceding this election, that I have 
resided in this township sixty days, and in this precinct thirty 
days, and am now a bona fide resident of this precinct; that I 
am generally known by the name in which I now desire to 
vote, and that I have not voted, and that I will not vote in any 
other precinct at this election. 


Signature and jurat same as last. Section 24; 17 Ind., 536. 

In addition to the oath of the challenged party, whether he 
claims to be a citizen or not, the oath of some qualified voter 
in such precinct, who has been a freeholder and a resident 
householder in such precinct for at least one year next preced¬ 
ing such election, is required. 


OATH OF RESIDENT FREEHOLDER. 


State of Indiana, 
County op - 


} 


ss; 


I, R F, do solemnly swear that 1 am a qualified voter of this 
precinct, and that I have been a freeholder and resident house¬ 
holder in this precinct for one 3 ^ear next preceding this election, 

and that-, who now ofifers to vote, has resided in 

this state for six months immediately preceding this election; 
and that he has resided in this township sixty days, and in this 
precinct thirty days, and is now a bona fide resident of this pre¬ 
cinct. D F* 


Sworn to and subscribed before and in the presence of the 

board of election this-day of-, 188—. 

A B, Inspector. 







16 


If a person challenged take such oath and he supported by a 
resident freeholder and householder of the precinct his vote 
shall be received, and it shall not he lawful thereafter for s^id 
hoard to examine any witnesses touching the qualifications of 
such voter, but if he refuse to take the oath, other witnesses 
may be examined. Section 25. 

When a party is challenged by the board, or by any qualified 
elector, it is the duty of the hoard to state to him the requisites 
to entitle him to vote, and if he still persist in his offer to vote, 
and swears or oilers to swear, the hoard may refuse to swear 
him, and even after he has been sworn the hoard may refuse 
his vote, hut they do so at the peril of being able to show that 
he is not a legal voter; and on a prosecution for refusing the 
vote, the burden is upon them. 17 Ind., 536. 

The board are only liable for rejecting a legal vote, and 
though the person offering to vote may have taken the oath 
required by law, and have been supported by the oath of a 
resident freeholder and householder, yet the penalty for refusing 
the vote does not attach, if tha board are able to show that he 
was not a legal voter. But when the person offering to vote 
takes the required oath, the board may receive the vote, and 
the oath of the party is a protection to the board, unless it can 
be shown that they acted corruptly, and were cognizant of the 
fact that he was not a legal voter. Id. 

The statutes regulating the mere mode of conducting elec¬ 
tions are only directory, and a departure from the prescribed 
mode will not vitiate an election unless such departure or 
irregularity deprives some legal voter of his vote, or permits a 
disqualified voter to vote, or casts uncertainty on the result, 
and even then, the irregularity must have been occasioned by 
the agency of the party seeking to derive a benefit from it. 
35 Ind., 425. 

When an elector offers to vote, the inspector shall pronounce 
the voter’s name audibly, and if no challenge is made, he shall 
receive the ballot, and in the presence of the judges shall place 
the ballot in the box, when the name of such voter shall again 
be audibly repeated by one of the judges, in the presence and 
hearing of the clerks, who shall enter and number the name of 
such voter on the poll lists. Sections 26, 27. 

Ho inspector, clerk or judge of any election shall vote after 


17 


the counting of the vote is commenced; nor shall the result of 
their counting be disclosed until the election is closed. Sec¬ 
tion 29. 

There shall he no adjournment or recess from the time the 
election is opened until the count is completed, and the result 
publicly announced. Section 80. 

The township trustee shall cause the election boards of his 
township to be furnished with good plain and substantial 
meals, at the regular hours for meals, during election day and 
until the count is completed, hut no spiritoiis, vinous or fer¬ 
mented liquors shall he furnished by such trustee. Section 81. 

When the polls are closed the inspector and judges shall 
open the ballot box, and commence counting the votes; the 
inspector shall take the ballots out, one by one, and open them 
as lie takes them out, and read aloud the name of each person 
printed or written thereon, and the office for which every such 
person is voted; he shall then hand the same to one of the 
judges, who shall examine the same, and hand the same to the 
other judge, who shall string it on a thread of twine. Sec¬ 
tion 32. 

If more persons are designated on any ticket to any office 
than are to he elected to such office, such part of the ticket shall 
not be counted to any of them. A ticket shall not be thrown 
aside for want of form if there be enough about it to satisfy the 
judges of the person voted for and the office; nor shall a ticket 
be rejected for any misarrangement of initial letters, or the 
misspelling of a name of any candidate. If the board are able 
to discover to the satisfaction of a majority of them the person 
intended to be voted for, the ballot shall be counted. Section 28. 

Each political party having a candidate to be voted for at any 
election may be represented by two qualified voters of the pre¬ 
cinct, who may witness the counting and may remonstrate 
against any fraud or irregularity that may occur. But all such 
persons shall be quiet and orderly, and shall not interrupt the 
board in the discharge of their official duty, except to state and 
file such protest; but no other persons shall be admitted except 
the board and their sworn clerks, and the witnesses herein pro¬ 
vided for. All protests shall be in writing, and the same shall 
be kept by the inspector and shall be returned with the other 
papers to the clerk’s office. Section 83. 

2—Elec. Laws. 


18 


The board may not refuse the admission of the witnesses 
herein provided for, under a penalty of not less than five nor 
more than fifty dollars. Id. 

Qacere: Whether such witnesses have the right to be present 
after the count has been commenced and before the polls are 
closed. 

When the votes are counted the board shall make out a cer¬ 
tificate, under their hands, stating in words the number of votes 
each candidate has received, and designating the oifice. And 
such certificate and one of the tally papers and one of the lists- 
of voters, shall he deposited witli the inspector, or with one of 
the judges. Section 84. 

Before making such certificate, mentioned in section 34, all 
the ballots, with one of the poll lists and one of the tally sheets, 
together with all aifidavits taken in cases of challenged votes, 
and all protests filed by witnesses, as provided for iii section 88, 
shall be by the inspector, in the presence of the judges and 
clerks, carefully and securely placed in a strong paper envelope 
or bag, which shall then be tightly closed and well sealed with 
wax by the inspector, and shall be delivered by the inspector to 
the county clerk at the very earliest possible period before or on 
the Thursday next succeeding such election. Section 35. It 
seems that the inspector may not delegate this duty to any one 
else, as he is himself required to make oath before the clerk 
that he has securely kept the envelope and the ballots and papers 
therein ; and that after said envelope had been closed and 
sealed by him^ in the presence of the judges and clerks, he had 
not suffered or permitted any person to break the seal or open 
said envelope, or touch or tamper with said ballots or papers; 
and that no person has broken such seal or opened said en¬ 
velope to his knowledge. Section 35. For form of aflidavit see 
clerks’ duties, page 7. 

The trustee, inspector or judge to whom the certificate, poll 
book and tally papers shall have been delivered, as provided in 
section 34, shall constitute a board of canvassers, who shall can¬ 
vass and estimate the certificates, poll books and tally papers, 
returned by each member of said board, and they shall assemble 
between 10 a. m. and 6 p. m. on Thursday next succeeding such 
election, at the court house for that purpose, and having se¬ 
lected one of their number as chairman, with the clerk of the 


19 


circuit court as their clerk, shall make their canvass. Sections 
87, 38; 2 Ind., 423. 

When the canvass is completed, each member of the board 
shall sign the tabulated aggregate as made by the clerk, and 
deliver the same when so signed to the clerk. Section 39. 

It is the duty of the board of canvassers to certify the elec¬ 
tion of the party having received the highest number of votes, 
if elected by the votes of a single county. Section 40. 

In cases of a tie vote for any office to be filled by the votes of 
their county alone, they shall forthwith declare that no person 
is elected to fill such office, and certify the same in their state¬ 
ment. Section 41. 

No tally paper, poll list or certificate shall be rejected for 
want of form, nor for lack of being strictly in accordance with 
the directions herein contained, i^the same can be satisfactorily 
understood. Section 42 ; 35 Ind., 425. 

The board of canvassers shall reject no returns from any pre¬ 
cinct if they be certified by the board of election of such pre¬ 
cinct, as required by law, and presented by the inspector or 
one of the- judges of the precinct. Id. 


TOWNSHIP ELECTIONS. 

• 

An election shall be held in each township of each county in 
this state, on the first Monday in April, 1882, and every second 
year thereafter, for the purpose of electing all township officers, 
including justices of the peace. This election shall be con¬ 
ducted by the same officers and in the same manner as general 
elections. Section 57. 

The board of judges of a township election shall count the 
votes given for each person for each office, and certify the re¬ 
sult, and the inspector shall file one of the poll books and tally 
sheets, with the ballots on a string, in the clerk’s office within 
ten days after such election. Section 58. 

In cases of a tie the judges, after certifying the same, shall 
then proceed to determine by lot the person elected. Id. 

If there are more than one precinct in a township, then the 
inspectors of the several precincts shall meet on the day fol- 



20 


lowing the election at the office of the township trustee, as near 
10 o’clock A. M., as is practicable, and compare the poll books 
and certificates thereto held by them, and having aggregated 
the vote, declare and certify the result, and if there be found a 
tie vote they shall determine by lot the party who shall be de¬ 
clared elected, and give a certificate accordingly. But where 
there is but one precinct the inspector shall, on the day follow¬ 
ing the election, certify who is elected, and deliver such certificate 
to the person declared elected, which certificate shall entitle the 
holder to enter upon and discharge the duties of the office to 
which he is elected at the expiration of ten days, except that 
the certificate of the election of justices of the peace shall be 
forwarded to the clerk of the circuit court, who shall certify 
the result of such election to the secretary of state. Sections 58,. 
59 ; 2 Ind., 243. 


SPECIAL ELECTION. 

Special elections shall be held to fill vacancies in the office of 
senator or representative, or member of Congress during a ses¬ 
sion, -or when the legislature or Congress will be in session 
after the occurrence of a vacancy and before a general election; 
when two or more persons receiving the highest, and an 
equal number of votes for the same office, except at a township 
election, or whenever a vacancy occurs in an office required to 
be filled by general election. Section 53. 

Special elections not otherwise provided for shall be ordered 
by the- governor, who shall issue a writ of election directed to 
the sherift* of the proper county, or sheriffs of the proper dis¬ 
trict or circuit in which the election is to be held, stating in 
such order the cause and object of such election and the day on 
which it shall be held. Section 54. 

The sheriff’s duties are the same as in cases of general elec¬ 
tions, except that ten days’ notice is sufficient. Section 55. 

The duties of inspectors, judges, clerks, and canvassers are 
the same as in cases of general elections. Section 56. 





21 


CITY AND TOWN ELECTIONS. 

In city and town elections each ward shall constitute a pre¬ 
cinct, if the number of voters therein does not exceed three 
hundred and fifty. It is made the duty of the common council 
of any city, and of the trustees of any town to,make such 
changes in places of holding elections or divisions in precincts 
in their respective cities and towns as will limit the number of 
voters in each precinct to three hundred and fifty, as near as 
may be. Section 60. See also acts 1881, 100. 

But no change shall be made in the voting precincts of any 
city or town without giving at least one month’s notice thereof, 
either by publication in a newspaper of the largest circulation 
in the county, or by posting up four notices in four of the most 
public places in each precinct changed, or division, when a 
division is made. Id. 

The city council or trustees of a town shall appoint three 
qualified voters in each precinct, one to act as inspector and 
two as judges of such election, who shall have been freeholders 
in such precinct for at least one year next preceding the elec¬ 
tion. Such inspector and judges, when so appointed, shall con¬ 
stitute the board of election and possess all the powers and 
perform all the duties of boards of election. Section 60. 


BECOUNT. 

At any time within ten days after the Thursday next suc¬ 
ceeding any election, any candidate for office at such election 
desiring to contest the same may petition, in writing, the circuit 
court, if in session, or the judge thereof in vacation, for a re¬ 
count of the ballots cast at such election. The court shall ap¬ 
point three commissioners to make the count, two of whom 
shall be of difterent politics. Section 61. 

The petition shall be verified and show that he desires to 
contest such election, and that he honestly believes there was a 
mistake or fraud committed in the official count. He shall 
serve notice on the opposing candidate, giving time and place 



22 


of making such application. He shall make his undertaking 
with freehold surety, that he will pay all costs of such recount. 
Section 62. 

The court shall fix the time within which the recount shall 
commence, not exceeding twenty days from the time of ap¬ 
pointing the commissioners. Each of the candidates may he 
present at such count. Section 63. ♦ 

The commissioners shall certify their finding, showing the 
number of votes, and the majority or plurality, showing which 
of the candidates received the greatest, and shall file such cer¬ 
tificate with the clerk of the circuit couid, who shall record the 
same in the order hook of the court. Section 64. 

There shall he no adjournment until the recount is completed 
and the certificate made out and filed. 

The commissioners shall each receive from the petitioner 
three dollars per day, and the clerk shall receive for his 
services, to he paid by the petitioner, five dollars per day. Id. 


CONTEST OF ELECTIONS. 

Any person declared elected by popular vote is subject to 
having his election contested. This may be done by an oppos¬ 
ing candidate, or by any elector entitled to vote for such 
person. To contest the election of any state ofiicer, elected by 
the people, the contestor shall, within twenty days after the 
first day of the next session of the general assembly, deliver to 
the presiding officer of the house of representatives, a specifi¬ 
cation of the grounds of such contest. The specification shall 
be verified. 

The presiding officer shall immediately, on receiving such 
specification, make out a notice of the contest, and shall causo 
the same to be delivered to the party whose election is con¬ 
tested, and notify both houses of the same. Section 68; 58 
Ind., 302. 

Each house shall choose seven members of its own body, and 
the members thus chosen shall constitute a committee to try 
such contest. Such committee shall have power to send for 
persona and papers, and use all necessary means to procure 



23 


teBtimonj. They shall extend a like privilege to the contesting 
parties. The report of such committee shall he entered upon 
the journals of both houses, and the judgment shall he con¬ 
clusive; and if such election shall he decided invalid the office 
shall be vacant. Section 69. 

The seat of any senator or representative may he contested 
by any elector entitled to vote for such officer, by filing within 
ten days after such election, with the clerk of the circuit court, 
a statement of the grounds of contest, on which he relies. This 
statement shall show that he was entitled to vote at such elec¬ 
tion, and be verified by his affidavit. Section 70. 

When such statement is filed the clerk shall issue a com¬ 
mission directed to two justices of the peace of his county not 
of kin to the contestor, nor to any party who was a candidate 
'for the office contested. These justices shall have power to 
take and certify depositions to be used in such contest. Sec¬ 
tion 71. 

The contestee shall be notified of the time and place of taking 
such depositions. Section 72. 

’ The justices so commissioned shall each have power to issue 
subpoenas, to be served by the sheriff, and when met at the 
time and place of taking de[)Ositions may issue attachments, 
and assess fines against witnesses, for contempt. Section 73. 

The justices shall meet at the time and place appointed, and 
take and certify such depositions as in other cases, and may 
adjourn from time to time until the same is closed, when they 
shall deliver such depositions and the commission to the clerk. 
Section. 75; 58 Ind., 8. 

The clerk shall seal up the depositions, original statement of 
grounds of contest, the copy of the notice served on contestee, 
and the commission issued to such justices, and shall endorse 
on the envelope the names of the contesting parties, and the 
branch of the legislature before which the same is to be tried, 
and transmit the same by mail to the secretary of state, who 
shall, on or before the second day of the session of the general 
assembly held next thereafter, deliver the same to the proper 
presiding officer. Section 77. 

Either party to a contest may take depositions in the same 
manner depositions are taken to be used in the circuit court. 
Section 78; 41 Tnd., 572. 


The grounds of contest may be for irregularity or malcon- 
duct of the election board; when the contestee is ineligible; 
when the contestee shall have been convicted of an infamous 
crime; or, on account of illegal votes. Section 79; 4 Ind., 93; 
15 Ind., 327. 

Where the contest is on account of malconduct or irregular¬ 
ity on the part of any member of a board of judges or canvass¬ 
ers, it must be made to appear that such irregularity or malcon¬ 
duct was such as to cause the contestee to be declared elected 
when he had not received the highest number of votes. If for 
illegal votes, it must be shown that the number thereof giv^en 
to the contestee, if taken from him, would reduce the number 
of his votes below the number received by some other person 
for tlie same office. Section 80. 

All contests for county offices shall be tried before the board 
of commissioners of the county, and all contests for district and 
circuit offices shall be tried before the board of commissioners 
of the county giving the largest vote for such office at such elec¬ 
tion. Section 81; 46 Ind., 122. 

For manner of conducting proceedings before the board of 
commissioners, see (darke on Commissioners and Auditors, pp. 
26-37. 

The statement of grounds of contest must be verified and 
filed with the county auditor within ten days after the contestee 
has been declared elected. Section 81. 

The auditor, on the filing of such notice, shall at once notify 
the clerk of the circuit court of such filing and contest, except 
when the office of county auditor is contested, the statement 
should be filed with the clerk of the circuit court. Section 82. 

When the statement is filed with the auditor he shall issue 
his precept to the board of commissioners, convening them at 
the court house at a designated time, not less than ten nor more 
than twenty days from the filing of the statement, and shall is¬ 
sue a notice or summons to the contestee to appear at such time 
and place. A copy of the statement shall be given to the sherift*, 
who shall deliver the same to contestee if he can be found; if 
not, the notice shall be served by copy as in cases of summons 
so served, and the copy of statement shall be left with co])y of 
summons. Section 83. 

The auditor shall, at the request of either party, issue sub- 



25 


pcBnas, which the aheriiT shall serve and return as subpoenas 
are served and returned in matters before the circuit court, and 
the board has the same power of any other court to compel the 
attendance of witnesses. Section 84. 

The hoard for cause may continue the trial from time to time 
not exceeding twenty days altogether; and to make the neces¬ 
sary orders for the payment of costs, and coerce the payment 
of the same, and shall be governed in all things by the rules 
governing the proceedings in the circuit court. Section 84; 
29 Ind., 495. 

Either party aggrieved by the decision, or any qualified elec¬ 
tor entitled to vote at such election, may appeal from the de¬ 
cision of the board to the circuit court of the county. Sec¬ 
tion 85. 

If, by the decision of the board, or by the circuit court, on 
nppeal, the election is confirmed, a certificate thereof shall 
issue; but if such election is annulled and no other person de¬ 
clared elected to the same office, it shall be declared vacant. 
Section 86. 

A witness who voted at the election, when called to testify 
in such case, shall be required to answer touching his qualifica¬ 
tions as a voter, and if he was not a qualified voter he shall be 
required to answer for whom he voted, and such admissions 
shall not be used against him in any prosecution for illegal vot¬ 
ing. Section 87; 38 Ind., 89. 

To save expenses the court trying the cause may, at the re¬ 
quest of both parties, refer the trial of the cause to a com¬ 
missioner, to take testimony of witnesses at any time before the 
first hearing thereof. Such commissioner shall have power to 
subpcena witnesses and compel their attendance, if they reside 
in the county. He shall take in writing all the testimony and 
note objections to the testimony and report the same to the 
court. Section 89. 

Contests of municipal oflices shall be tried before the circuit 
court. Section 90. 

In all cases appealed from commissioners to the circuit court, 
iin appeal may again be taken to the supreme court. Section 91. 



26 


RIGHTS OF ELECTORS. 

Every male citizen of the United States of the age of twenty- 
one years and upwards, who shall have resided in the state 
during the six months, and in the township sixty days, and in 
the ward or precinct thirty days immediately preceding any 
election, and every male of foreign birth of the age of twenty- 
one years and upwards, who shall have resided in the United 
States one year, and shall have resided in the state six months, 
and in the township sixty days, and in the ward or precinct 
thirty days immediately preceding any election, and shall have 
declared his intention to become a citizen of the United States, 
shall be entitled to vote in the precinct where he resides. Sec¬ 
tion 3. 

The elector’s residence becomes, under the law, an import¬ 
ant circumstance connected with his right to vote. 

Residence means a domicile. To 'gain a residence or domi¬ 
cile in this state, the Supreme Court of Indiana says, in the case 
of French vs. Eighty, 9 Ind., 477: “ To gain a domicile in this 

state, the citizen of another state must remove, locate, and in¬ 
tend permanently to remain here. Residence without such 
intention operates no change of political rights; and such resi¬ 
dent can not vote in this state. Thus, also, a resident in a 
county for any length of time on business, on a visit for pleas¬ 
ure, or for any temporary purpose, with intention to return to 
a domicile elsewhere, or without intention to remain for an in¬ 
definite time at least, is no abandonment of the former resi¬ 
dence or domicile, gives no domicile in the county where the 
temporary sojourn is made, and consequently no right to vote 
at such temporary place of residence.” 

This doctrine will hold good in regard to domicile in a town¬ 
ship, ward, or precinct. 

Under our law the elector, if he vote at all, must do so in the 
township, ward or precinct of his residence or domicile. The 
right to vote, eligibility to office, and liability to taxation in one 
township are exclusive of these rights and liabilities in all 
other townships. 9 Ind., 477. 

The word “home” is nearly synonymous with the word 
domicile. Residence within the meaning of our constitution is 


27 


a home. The best definition for a domicile seems to be a resh 
dence at a particular place, accompanied with positive or pre¬ 
sumptive proof of an intention to remain for an unlimited time. 
But the intention to acquire a domicile in any place is not suffi¬ 
cient without removal to and location in that place. Domicile 
is acquired instantaneously upon removal and location animo 
manendi. Id. 

If a person has actually removed to another place, with the 
intention of remaining for an indefinite period, and as a place 
of fixed, present domicile, it is to be regarded his place of 
domicile notwithstanding he may entertain a floating notion to 
return at some future time. But the act and intention must be 
united and complete. Id. 

A party’s declaration coupled with his acts furnish the evi¬ 
dence of his intentions. Domicile can always be found and 
proved. A single man can no more be without a home, a fixed 
domicile, than a man with a family; and although the domicile 
of a single man may be more difficult to prove, yet the same 
rules of evidence prevail in all eases. 9 Ind., 478. So also with 
men of foreign birth. 

In the case of McCollum vs. White, 23 Ind., 44, the court say: 
“Residence is the being in a given place with intention of 
making it one’s home.” 

In the case of Yonkey et al. vs. The State ex rel. 27 Ind., 237, 
the court say: “As a general rule, when a man is the head of 
a family, and is a housekeeper, the domicile of the family is 
presumed to be his legal place of residence. It requires an 
intention in order to change the domicile, and, therefore, if a 
person leaves his place of residence temporarily on business or 
otherwise, but with the intention of returning, he does not 
thereby lose his domicile.” 

The same doctrine is held in Maddox vs. State, 32 Ind., 111. 

A person undergoing a sentence of imprisonment on con¬ 
viction for a felony or misdemeanor, shall not be entitled to 
vote during imprisonment. Section 4; Acts 1881, 482. 

Yo soldier, seaman or marine in the army or navy of the 
United States or of their allies, shall be deemed to have acquired 
a residence in the State in consequence of his having been 
stationed within the same, nor shall they have the right to vote. 
Section 6; Acts 1881, 482. ' 


28 


'No person shall lose his residence by reason of absence from 
this state, on business of this state or of the United States. 
Section 6; see also 27 Ind., 237. 

Electors shall he free from arrest while going to, during their 
presence at, and while returning from any election, except for 
treason, felony or breach of the peace. Section 7. 

Any two legal electors, if they shall discover that either or 
both of the judges of any election are disqualihed to act as 
judges, from any cause—that they, or either of them is not, or 
has not been for at least one year a resident freeholder and 
householder of the precinct; that he has anything bet or 
wagered on the result of the election, or is of kin to any candi¬ 
date voted for at such election—may have such judge removed, 
by presenting their written charge of any of said causes to the 
inspector of such election; the charge must be verified by the 
affidavit of two legal electors. Section 10. 

When the inspector for any precinct fails to appear at the 
voting place in such precinct at or before eight o’clock on the 
morning of any election, the electors of such precinct who may 
be present shall appoint an inspector by a majority viva voce 
vote. Section 14. 

All elections shall be by ballot. Section 13, Article II Con¬ 
stitution. 

Each elector shall vote by ballot in the precinct where he re¬ 
sides. Section 21, Acts 1881, 487; 9 Ind., 475; 35 Ind., 485; 
52 Ind., 361. 

The ballots which may be cast at any election hereafter held 
in this state; shall be written or printed on plain white paper 
of a uniform width of three inches, vnthout any distinguishing 
mark or other embellishment thereon, except the name of the 
candidates they are voting for. Section 22; 38 Ind., 89. 

The elector is not voting by ballot if his ticket is so marked, 
shaped or folded that it may be known, when taken from the 
box to be counted, who cast it. Id. 

While the elector at a popular election represents nobody, 
and is responsible to nobody for the vote he casts, and might, 
therefore, it would seem, have the right to mark his ticket in 
any manner he pleased, the legislature seem to have thought 
otherwise, and, perhaps, wisely, in forbidding any distinguish¬ 
ing marks upon tickets, save the names of the candidates. 


29 


In the case of Williams vs. Stein, 38 Ind., 39, the supreme 
court says: “The elector at a popular election must, under'the 
provision of the constitution, vote by ballot, hut has the abso¬ 
lute right to exercise the franchise as he pleases, uncontrolled 
by any person or power. * * But the common under¬ 

standing in this country certainly is that the term ballot 
implies secrecy.” And the learned judge adds: “I have 
nowhere found a dictum to the contrary.” 

The right to vote by ballot has usually been considered an 
important and valuable safeguard of the independence of the 
humble citizen against the influence which wealth and station 
might be supposed to exercise. This object would be accom¬ 
plished but very imperfectly if the privacy supposed to be 
secured was defeated by allowing ballots to be marked. 

The object of the ballot system is secrecy, and was intended 
to permit the elector, however humble he may be, to vote his 
unbiased sentiments. It enables him to vote as he pleases, and 
be secured then and thereafter against reproach or uniniadver- 
sion, or any other prejudice on account of his having voted 
according to his own judgment; and that security consists in 
shutting up within his own breast all knowledge of the manner 
in which he bestowed his suflrage. * * This will 

enable the voter to escape the influence that might be brought 
to bear upon him with a view to overbear and intimidate, and 
thus prevent the real expression of public sentiment. 38 
Ind., 39. 

The same decision, though rendered before the enactment of 
our present law, speaking of a law such as the present statute, 
says: “Such a law would only be declaratory of a constitu¬ 
tional principle that inheres in the system of voting by ballot, 
and which ought to be inviolable whether declared or not.” 
In the absence of such a law, all devices by which party man¬ 
agers are enabled to distinguish the ballot in the hand of the 
voter will be practiced, and the spirit of the constitution in 
securing to the humble citizen the ballot would be defeated. 
38 Ind., 40. 

When an elector is challenged, which he may be by any 
other qualified elector, or by any member of the election board, 
if he will take the oath required in Section 24 of the election 
act, and be supported by the oath of a resident freeholder, as 



80 


therein provided, his vote shall he received, but if after all 
he is not entitled to vote from any of the causes to challenge, 
and votes, he shall be liable to a fine of not more than five 
hundred dollars and not less than ten dollars, be imprisoned in 
the county jail not more than one year and not less than one 
month, and be disfranchised and rendered incapable of holding 
any ofiice of trust or profit for any determinate period. Sec. 
263, Acts 1881, 230. 

If an elector votes or ofiers to vote in any other precinct or 
ward other than that in which he resides, he shall be fined not 
more than five hundred nor less than ten dollars, imprisoned in 
tlie county jail not more than a year nor less than one month, 
and be disfranchised for any determinate period. Sec. 264. 

Whoever passes from any other state into this state, and 
votes or attempts to vote, at any voting precinct or ward in 
this state, not being at the time a bona fide resident of such 
precint or ward, shall be fined not more than one thousand nor 
less than fifty dollars, imprisoned in the state’s prison not more 
than five nor less than one year, and disfranchised for any de¬ 
terminate period. Section 265; Acts 1881, p. 231. 

Whoever hires or solicits any person to come from another 
state into this state, or to pass from any county or from any 
township into another township, or from any voting precinct 
or ward into another precinct or ward in this state, for the pur¬ 
pose of voting at any election held therein, such person-, so 
solicited or hired, not being a legal voter in such county, town¬ 
ship, precinct or ward, shall be fined not more than one thou¬ 
sand, nor less than fifty dollars, imprisoned in the state’s prison 
not more than five nor less than one year, and be disfranchised. 
Section 266; Acts 1881, p. 231. 

The same penalty attaches in all cases of an elector voting 
more than once at any election. Section 267. 

The same penalty attaches in all cases where any person 
buys, hires, or ofiers to hire or buy, or furnishes money or 
other means to be used, or directs or permits his money or 
other means to be used, to induce, hire or buy any person to 
vote, or refrain from voting, for any candidate for any ofiice; 
or for attempting to induce any person to vote or to refrain 
from voting for any candidate for any ofiice, by ofi'ering such 
person any reward or favor. Section 268. 


31 


The same penalty attaches in all cases of any person who 
sells, barters, or offers to sell or barter his vote for any candi¬ 
date for any office, either for money or property or thing of 
value, or for any promise or favor or liope of reward, given or 
offered. Section 269. 

Whoever furnishes an elector who can not read the English 

O 

language, with a ticket which such person shall represent to 
such elector, as coutaining a name different from the one 
printed or written thereon, shall be fined not more than one 
hundred nor less than ten dollars, and disfranchised. Section 
275; Acts 1881, 285. 

Whoever fraudulently causes or attempts to cause, any elector 
to vote for a person different from the one he intended to vote 
for shall be fined not more than one hundred nor less than ten 
dollars. Section 276. 

Whoever, for the purpose of influencing a voter, seeks, by 
violence or threats of violence, or threats to enforce the pay¬ 
ment of any debt, or to eject, or threaten to eject any elector 
from any house he may occupy, or to begin a criminal prosecu¬ 
tion, or to injure the business or trade of an elector, or, if an 
employer of laborers, or an agent of such enlployer, threatens 
to withhold the wages of, or dismiss from service any laborer 
in his employment, or refuses to allow such employe time to 
attend at the place of election and vote, shall be fined not more 
than one thousand nor less than twenty dollars, imprisoned in 
the state’s prison not more than five nor less than one year, and 
disfranchised. Section 277; Acts 1881, 234. 

The same penalty attaches where any person unlawfully, 

, eitiier by force, fraud or other improper means, obtains or. at¬ 
tempts to obtain any ballot-box, or any ballots therein depos¬ 
ited, while any election is going on before the ballots are duly 
counted. Section 278. 

A like penalty attaches 'for destroying or attempting to de¬ 
stroy any ballot-box. Section 279. 

While the count. is being made, each political party having 
candidates voted for at such election, is entitled to have, if they 
so desire it, two electors present with the election board to wit- ” 
ness the counting; but such persons shall be orderly and quiet, 
and shall not interrupt the board in the discharge of their 
duties. Such witnesses may file their protest in writing, setting 


82 


forth any irregularity or fraud they may discover, which pro¬ 
test shall he by the inspector returned with the election re¬ 
turns. Section 33; Acts 1881, p. 490. 

Any legal elector who is entitled to vote for any person de¬ 
clared elected hy popular vote, may contest such election. Sec¬ 
tion 66. 

A party wishing to contest any election shall file his state¬ 
ment, if the ofiice to he contested is a state office, with the 
clerk of the circuit court of his county within ten days of the 
return of such election. Section 70. If, however, the office 
contested is a county or township office., the statement shall he 
filed with the county auditor unless the office contested should 
be that of auditor, when the statement shall he filed with the 
clerk. Sections 81, 82. 

Appeals may be taken from decisions made in contested elec¬ 
tions from the county board, if taken within ten days. Sec¬ 
tion 85. But contest of municipal elections shall he tried be¬ 
fore the circuit court. Section 90. 

Electors at any election are presumed to know the parties for 
whom they vote, and hence votes cast for any person for any 
office, who is ineligible by reason of having served his full con¬ 
stitutional term in such office, can not be considered in such 
election. Corson vs. McPhetridge, 15 Ind., 327. 

The term “eligible,” as used in the constitution, relates to the 
capacity of holding, as well as capacity of being elected to, an 
office. 15 Ind., 331. 

When a majority of the ballots at an election were cast for a 
person not eligible to the office under the constitution, it was 
held that the ballots cast for such ineligible person were inef¬ 
fectual, and that the person receiving the greatest number of 
legal votes, though not a majority of the ballots, was duly 
elected to the ofiice. Gulick vs. Hew, 14 Ind., 93. 

In deciding the above case, the learned judge who wrote the 
opinion uses this language: “We are reminded that in our 
form of government the majority should rule, and that if the 
course indicated (to declare, the majority being against a party, 
not eligible, that such majority effected the defeat of the 
opposing party,) is not followed, a majority of the votes may 
he disfranchised, their voice disregarded, and their rights 
trampled under foot, and the choice of a minority listened to. 


38 


» 

* Even a majority should not nullify the constitution, 

or be permitted, at will, to disregard tlie law. Id. 

In Price vs. Baker, 41 Ind., 572, the court says: Where a. 
majority of the ballots at an election are given to a candidate 
who is not eligible to the office, the ballots so cast are not to he 
counted for any purpose. They can not elect the ineligible 
candidate nor defeat the election of the opposing candidate by 
showing that he did not receive a majority of the votes cast at 
such election. It follows that the eligible candidate will receive 
the office, although less than a majority of tlie votes are cast 
for him. See also 33 Ind., 390; 61 Ind., 392; 65 Ind., 392. 


ELECTIOJIS m CITIES Am) TOWXS. 

By an act approved March 31,1881, amending section 8 of an 
act approved March 17, 1877, it is provided that in cities, each 
ward shall constitute a separate voting precinct, allowing to 
the citytjouncil the right to make such changes in the places 
of holding elections or divisions in precincts in such city as 
public convenience and public good may require, but forbid¬ 
ding any sucli change to be made Without giving due notice 
at least one month before any election, either by publication 
in the newspaper published in such city having the largest cir-' 
culation thej^ein, or by posters put up in four of the most public 
places in such precinct. Also providing that in town elections 
there shall be but one place of voting, which shall be centrally 
located and designated in the notice of such election given by 
the town clerk. It provides for the appointment of a board of 
election by the common council of cities and the board of 
trustees of towns, who shall have all the qualifications of such 
officers at general elections; and in towns having a population 
of more Mian three thousand inhabitants, as shown by the cen¬ 
sus of 1880, if the public good and convenience require it, have 
two voting precincts. Acts of 1881, pp. 101, 102. ^ 

But by general election law approved April 21, 1881, it is 
provided: ^‘Section 60. In city and town elections, each 

ward in which the number of voters does not exceed three 
3—Elec. Laws. 





hundred and fifty, shall constitute a precinct. * * * Such 

council or trustees shall appoint three qualified voters of each 
precint, one to act as inspector and two as judges of elections, 
who shall have been freeholders and resident householders of 
such precinct for at least one year next preceding any election 
at which they ofiiciate.” 

This latter provision seems to be in conflict with the act of 
March 31, 1881, so far as the town election is concerned, as it 
gives to the town trustees the right to form a precinct for every 
three hundred and fifty legal voters of the town, and being the 
last expressed will of the legislature, repeals all laws in confiict 
with it, although there is no appealing clause in the latter act. 


WILLIAMS STEIN (38 Ind., 89). 


Election. — (Constitutional Law. — Ballot .—The second section of the act approved 
May 13th, 1869, 3 Ind. Stat., 235, requiring “the inspector of any election, on 
receiving the ballot of any voter, to have the same numbered with figures, on 
the outside or back thereof, to correspond with the number placed opposite 
the name of such voter on the poll lists,” is void, it being in conflict with sec¬ 
tion thirteen of article two, of the constitution of this State, which declares, 
that “all elections by the people shall be by ballot.” 

Same. —By the ballot, the constitution secures to the voter the protection and im¬ 
munity of secrecy. The ballot implies absolute and inviolable secrecy. 

APPEAL FROM THE TIPPECANOE CIVIL CIRCUIT COURT. 

Pettit, J .—The following is the opinion of Judge Vinton, 
before whom the case was tried below, and we approve, adopt, 
and make it our own, believing it needs no improvement, if 
we were capable of making any. 

The complaint alleges, in substance, that on the 11th day of 
October, 1870, at a general election held pursuant to law for 
the election of divers officers, the defendant was the duly ap¬ 
pointed inspector of elections for a legal precinct of Fairfield 
towii^^hip, in Tippecanoe county, known as precinct No. 2, and 
officiated as such ; that on said day the plaintiff was a resident 
of said township and a duly qualified voter, etc.; that he gave 
liis ballot, which was in all respects a legal ballot, to said de- 





35 


feiiclant as such inspector, and demanded that it should be put 
into the ballot-hox without any distinguishing mark or number 
being placed upon it; hut that defendant, as such inspector, 
against the protest of plaintiff, uidawfully numbered the same, 
etc., whereby plaintiff' became damaged in his constitutional 
privileges-and franchises, etc. 

The defendant has demurred to the complaint for want of 
sufficient facts to constitute a cause of action against him. 
The question raised by this demurrer involves the constitution¬ 
ality of section 2 of an act of the legislature, approved May 
13th, 1869, which section reads in these words, viz.: 

“It shall he the duty of the inspector of any election held in 
this State, on receiving the ballot of any voter, to have the 
same numbered with ffgures, on the outside or back thereof, to 
correspond with the number placed opposite the name of such 
voter on the poll lists kept by the clerks of said election.” 

It will he seen that the acts of the defendant, of which 
plaintiff' complains, arc not only authorized, but enjoined, by 
the section quoted; and if the same is valid, there is an end of 
plaintiff’s case. It is claimed, however, that this law is void, 
because in conflict with section 13 of article 2 of the constitu¬ 
tion of Indiana. Section 13 reads thus: 

“All elections by the people shall be by ballot; and all 
elections by the general assembly, or either branch thereof, 
shall be viva voce'' 

Here are two modes of election provided for and enjoined; 
the one applicable to the general assembly, the other to all 
elections by the people. There is no trouble in determining 
that the viva voce method was intended to secure publicity; 
and the reason for such publicity is equally manifest. Elec¬ 
tions by the general assembly must be mva voce', and why? 
Because the members of that body are ageuts or representa¬ 
tives of their several constituencies, to whom they are responsi¬ 
ble for their \^otes; and to that end they must vote openly and. 
audibly, that it*may be known how they are exercising their 
delegated authority. 

Ho such reasdn, if indeed there be any, exists as to the voter 
at a popular election. He represents nobody, and is responsible 
to nobody for the vote he may cast. He should vote honestly 
and intelligently, and under our system he is presumed to do 


36 


so; but he has the absolute right to exercise the franchise as^ 
he pleases, uncontrolled and unquestioned by any person or 
power. 

Since the one mode provided by the constitution necessarily 
involves openness, publicity, does not the other, which is used 
in distinction with it, necessarily imply privacy, secrecy? 

“A ballot may be defined to be a piece of paper, or other 
suitable material, with the name written or printed upon it of 
the person to be voted for; and where the suffrages are given 
in this form, each of the electors, in person, deposits such a 
vote in a box or other receptacle provided for the purpose, and 
kept in the custody of the proper officers.” (hish. Leg. 
Assemb. section 103. 

In Bouvier’s Dictionary, I find tliis definition of the term: 
“Ballot. A diminutive ball, /. e. a little ball used in giving 
votes; the act itself of giving votes; a little ball or ticket used 
in voting privately, and, for that purpose, put into a box (com- 
moidy called a ballot-box) or some other contrivance.” 

According to an article in the Aew American Encyclopedia,, 
the “ballot” did not necessarily imply secrecy in Greece; but 
in Rome, during the republic, it did. 

A very able and instructive paper on the subject of the 
ballot is found in the Ency. Britannica. It may be gathered 
from that article that in France and Great Britain the term 
“ballot” implies absolute secrecy. 

May, in his excellent work on the Constitutional History of 
England, thus speaks of the ballot, at page 353, vol. 1: 

“The ballot is another question repeatedly debated in Par¬ 
liament, and a popular topic at the hustings, at public meet¬ 
ings, and in the newspaper press. Ho sooner had the reform 
act passed, than complaints were made that the elective fran¬ 
chise, so recently enlarged, could not be freely exercised. It 
was said that the landlords in the counties, and wealthy custom¬ 
ers in towns, coerced the free-will of the electors and forced 
them to vote against their opinions and coi^sciences. As a 
protection against such practices, the necessity of secret vot¬ 
ing was contended for. To give the francliise without the 
means of exercising it, was declared to be a mockery.” 

We are also informed by this work, that the right to vote by 
ballot was one of the five points of the great “People’s 


Cliarter” of 1889. A petition sigMied by 1,280,000 persons, 
was presented to tlie House of Commons, praying tlie riglit to 
v^ote by ])allot. 

The common understanding in this country certainly is, that 
the term “ballot” implies secrecy. I have nowhere found a 
(iictiim to the contrary. The Supreme Court of rennsylvania, 
in a case involving the validity of an election, held, that an 
eagle printed on flie ticket as a party badge, violated a certain 
by-law, “since it deprived a voter of that secrecy to which he 
was entitled in the exercise of his franchise, so as to avoid the 
odium and violence of ]>arty prejudice.” 8 S. & K., 29. 

In the case of the People cs. Pease, 27 X. Y. 45, which was 
an action in the nature of a (luo warranto^ Denio^ Chief Justice, 
uses the following language: “I have already alluded to the 
])olicy of the law providing for a secret ballot. The right to 
vote in this manner has usually been considered an important 
and valuable safeguard of the independence of the humble 
■citizen against|the inlluence which Avealth and station might be 
supposed to exercise. This object would be accomplished but 
very imperfectly, if the privacy supposed to be secured was 
limited to the moment of depositing the ballot. The spirit of 
the system requires that the elector should be secured then, 
and at all times thereafter, against re}>roach or animadversion, 
or any other prejudice, on account of having voted according 
to his own unbiased judgment; and that security is made to 
consist in shutting uj> within the privacy of his oavu mind all 
knowledge of the manner in which he has l)estowed his suf- 
frage.” _ • . . . 

Cooley^ »y., in his recent work on “ Constitutional Limitations,” 
discusses this subject. “The mode,” says he, “of voting in 
this country, at all general elections, is almost universally by 
ballot. The distinguishing feature of this mode of voting is, 
that every voter is thus enabled to secure and preserve the 
most complete and inviolable secrecy in regard to the persons 
for whom he votes, and thus escape the inHuences which, under 
the system of oral suffrages, may be brought to bear upon him 
with a view to overbear and intimidate, and thus prevent the 
real expression of public sentiment. 

“In order to secure as perfectly as possible the beneffts 
^inticipated from this system, statutes have been passed, in 


38 


.some of the States, wliich })roliibit ballots being received or 
eoiinted unless tlie same are written or printed upon wliite 
paper, without any marks or figures thereon intended to dis¬ 
tinguish one ballot from another. These statutes are simply 
declaratory of a constitutional principle that inheres in the 
system of voting by ballot, and which ought to he inviolable 
whether declared or not. In the absence of such a statute, all 
devices by which party managers are enaljed to distinguish 
ballots in the hand of the voter, and thus determine whether 
he is voting for or against them, are opposed to the spirit of the 
constitution, inasmuch as they tend to defeat the design for 
wliich voting by ballot is established. 

“The courts have held that a voter, even in case of a con¬ 
tested election, can not be compelled to disclose for whom he 
voted. Public policy requires that the veil of secrecy should 
be impenetrable, unless the voter himself voluntarily deter¬ 
mines to lift it; his ballot is absolutely privileged ; and to 
allow evidence of its contents, when he has not waived the 
privilege, is to encourage trickery and fraud, and would, in 
effect, establish this remarkable anomaly, that, while the law 
from motives of public policy establishes the secret ballot with 
a view to conceal the elector’s action, it at the same time en¬ 
courages a system of espionage, by means of which the veil of 
secrecy may be penetrated and the voter’s action disclosed to 
the public.” Coole.y’s Const, Lim., 604; 16 Mich., 283; 27 N. 
Y., 81. ’ - 

The question has also undergone investigation in the Su¬ 
preme Court of Vermont. In Temple vs. Mead, 4 Vt., 535, the 
court says: * “ In this country, and indeed in every country 
where officers are elective, different modes have been adopted 
for the electors to signify their choice. The most common 
modes have been, either by voting viva voce, that is, by the 
elector openly naming the person he designates for the office, 
or b}" ballot. * * * principal object of this last mode, 

is to enable the elector to express his opinion secretly, without 
being subject to be overawed, or to any ill will or persecution 
on account of his vote for either of the candidates who may be 
before the public.” 

It is believed that these authorities establish, beyond doubt, 
that the ballot implies absolute and inviolable secrecy, and that 


39 


the principle is founded in the higliest considerations of public 
policy. 

When our present constitution was formed, voting hy ballot 
was in vogue in nearly every state in the union. That mode 
of voting had been known and well understood for centuries. 
The term ballot, as designating a mode of election, was then 
well ascertained and clearly defined. The eminent framers of 
the constitution certainly employed this term with a full 
knowledge of its meaning. Many of the most distinguished 
members of the constitutional convention of 1850 were mem¬ 
bers of the legislature of 1852, the first that met under the 
present constitution. That they regarded the ballot system as 
securing inviolable secrecy, is clearly shown by the following 
law which they then helped to enact: 

“ If any judge, inspector, clerk or other officer of an elec¬ 
tion, shall open or mark, hy folding or otherwise, any ticket 
presented by such elector at such elections, of attempt to find 
out the names thereon, or suffer the same to be done hy any 
other person, before such ticket is deposited in the hallot-hox, 
he shall be fined in any sum not exceeding one hundred dol¬ 
lars.” . 2 G. & H., 473, sec. 60. 

If the constitution secures to the voter, in popular elections, 
the protection and immunity of secrecy, there can be no doubt 
that section 2 of the act of 1869, which authorized the inspec¬ 
tor to number ballots, is clearly in conflict with it and is 
void. 

I am not unmindful of the rule that all doubts are to be 
solved in favor of the constitutionality of legislative enact¬ 
ments. This rule is well established and is founded in the 
highest wisdom. But my convictions are clear that our con¬ 
stitution was intended to, and does, secure the absolute secrecy 
of a ballot, and that the act in question, which directs^ the 
numbering of tickets, to correspond with the number? opposite 
the names of the electors on the poll lists, is in palpable con¬ 
flict not only with the spirit, but with the substance of the 
constitutional provision. 

This act was intended to, and does, clearly identify every 
man’s ticket, and renders it easy to ascertain exactly how any 
particular person voted. That secrecy which is esteemed by 
all authority to be essential to the free exercise of suffrage, is 


40 


as ]nucli violated by this law as if it had declared that the 
election should he vim voce. 

We add one authority, Wliartou’s Law Dictionary. 

“Lallot. To vote for or choose a person into an office hy 
means of little halls.of several colors, which are put into a box 
privately, according; to tlie inclination of the chooser or Amter; 
or l)y writing the name or names'of the candidates n])on small 
pieces of paper and rolling them up, so that they can not he 
read, Avhich are ])nt into a box; and when the time limited for 
the election is over, an indifferent person takes them out one 
hy one, and upon reading the name oi* names, somebody takes 
down the nnmher of votes, the greater of which is' declared 
duly elected.” 

The demurrer was OA’errnled, and exception taken. The ap¬ 
pellant refused to answer over, and the cause was submitted to 
the court for trial. Finding and judgment for the plaintiff* for 
one hundred and fifty dollars. The only error iissigned is the 
overruling of the demurj’er to the complaint. This was not 
error. 

Tlie judgment is affirmed, at the costs of the appellant 

\ 


CAK80X r6‘. McPIIETRIDGK (15 Ind., 827). 

The disabling provision in Section 2, Article VI., of the new constitution, which 
ordains that “no person shall be eligible to the office of clerk, recorder or auditor 
more than eight years in any period of twelve-years,’' literally applies to periods 
of time under the new constitution, and not to terms of office. 

The tenth subdivision of the schedule to the new constitution, construed in 
reference to the disabling clause in Section 2 of Article VI., aided by a recurrence 
to the history of the time of the adoption of the new constitution, shows that it 
was the intqj^tion of the convention that framed it, that those officers Avho held over 
under the new, should be regarded as doing so by virtue of their popular election 
under the old constitution; and that such holding, as to term, should be regarded 
as a holding under the new constitution. 

The time served under tlie new constitution, pursuant to an election under the 
old, must be regarded as a part of the eight years to which a clerk is limited under 
the former. 

The limitation to eight years in Section 2 of Article VI. of the new constitution, 
does not embrace time served in either of the offices named in said Section 2, under 
a pro tempore appointment, or a simple holding over to fill a vacancy, according to 
the provisions of Section 11, Article II, of the same. 



41 


The term “eligible,” us used in tlic new constitution, relates to the capacity of 
holding as well as to the capacity of being elected to an oflice. 

As the disability in this case was one of which the voters were bound to take 
notice, and a general election, fixed by law, is vitiated by a failure of the officer to 
make the i)ublication rcipiired by law, the successor, fairly elected is entitled to 
the office. 


APPEAL FROM THE MONROE CIRCUIT COURT. 

Perkins, J .—McPlietridge was elected clerk of tlie Monroe 
circuit court, iu 1845, for tlie terui of seven years. On IN^oveni- 
ber 1, 1851, the new constitution of the state took effect, being 
about a year before the expiration of the term for which Mc- 
Phetridge liad been eletded. 

At the October election, in 1852, McJdietridge was re-elected 
clerk for the term of four years. 

At the October election, in 185(1, he was again elected clerk, 
as he claims, for the term of four years, which would expire 
in 18()0. 

At the October election, 1851), Carson was voted for for clerk, 
and, as he claims, elect(^l the successor of MePhetridge, with 
the right to take immediate possession of the office. 

lie insists that the right of MePhetridge to hold the office 
ceased at the expiration of eight years, from November 1, 1851; 
being one year before tlie expiration of the term of four years 
for which he claims to have been last elected. Carson insists 
that the new constitution effected such curtailment of his term. 

Section 2 of Article VI. of that instrument ordains, that there 
shall be elected, in each county, by the voters thereof, at the 
time of holding general elections, a clerk of the circuit court, 
etc., who shall continue in office four years; and further, ‘‘and 
no person shall he eligilde to the office of clerk, recorder or 
auditor more than eight years in any period of twelve years.” 

MePhetridge (contends that this clause of the. constitution ap¬ 
plies only to time and terms of office tilled by election after the 
new constitution took effect. Carson contends that it applies 
to time and terms actually served after the new constitution 
came into operation, though under elections which took place 
under the old constitution. 

The (question has been thoroughly discussed by counsel, upon 
general principles, but no authority bearing upon it has been 
cited; and we have patiently considered it, with a frecpieiit vi- 


bratioii of opinion, and now come, with some hesitation to a 
final conclusion. 

Literally, the disabling provision applies to periods of time, 
not to terms of office; and, of course, it applies to time under 
the present constitution, of which it is a part, as it specities no- 
other. It says “no person,” not no such person as has been 
elected under the new constitution, etc., shall, etc. But we can 
not determine its meaning hy a reference to the section alone of 
the constitution in which it is found; because, from that sec¬ 
tion, we can not know that any person will hold office under 
the new constitution hy any other mode than election, at the 
general elections the section refers to. We must, then, look ta 
other sections of the constitution. 

It is provided in the schedule as follows: 

Tenth, Every person elected hy popular vote, and now in 
any office which is continued by this constitution, and every 
person who shall be so elected to any such office before the tak¬ 
ing effect of this constitution (except as in this constitution 
otherwise provided), shall continue in ^office until the term for 
which such person has been or may be elected, shall expire: 
Provided^ That no such person shall continue in office, after the 
taking effect of this constitution for a longer period than the 
term of such office in this constitution prescribed.” 

How is this provision to be construed in reference to the dis¬ 
abling clause contained in Section 2 of Article VI. above quoted? 
A recurrence to the history of the time of the adoption of the 
constitution may slightly aid in answering this inquiry. A por¬ 
tion of the officers, under the old constitution, held by popular 
election, and a portion by mode of appointment. The terms 
of some of the officers, also, were somewhat lengthy. One ob¬ 
ject of the new constitution was to make all, or nearly all, the 
officers elective by the people, and to shorten the terms of 
office. Influenced by these views, the convention provided, in 
the subdivision of the schedule quoted, that those persons, then 
in an office continued in the new constitution, who had come 
in by popular election, the mode adopted by that constitution 
for filling the offices, should continue to hold under that con¬ 
stitution, as they had been brought into office by the popular 
mode prescribed by it; but subject to the doctrine of supposed 
reform, by shortening the terms of office, upon which the con- 


43 


vention were acting. Hence the provision, that the officers of 
whom we are speaking should he limited to two or four years, 
the terms under the new constitution. 

Hence, also, the absence, in the constitution, of a provision 
continuing in office those who had not come in by popular elec¬ 
tion. 

By these considerations, we are led to the conclusion, that it 
was tlie intention of the constitutional convention, that those 
officers who held over under the present constitution, should 
be regarded as doing so by virtue of their popular election, and 
not of appointment by the convention; and that such holding 
should be further regarded^ as to term, as a holding under the 
limitations of the present constitution. See Jones 7js. Gavins, 
4 Ind., 305; The Governer vs. Nelson, 6 id., 496; Coffin vs. The 
State, 7 id., 157. 

The next question is, must the time served under the new 
constitution, pursuant to an election under the old, be reckoned 
as a part of the eight years to which a clerk is limited by the 
new constitution ? It might be difficult to so decide upon Sec¬ 
tion 2 of Article VI. alone; but it wmuld seem that it was the 
intention of the convention that it should be so reckoned. 
That body, by the constitution, had limited the clerk to eight 
years of continuous service; but there was a provision in the 
constitution, to meet a contingency that might happen requir¬ 
ing a^ro tern., appointment to fill a vacancy in such office ; and the 
convention seemed to have been of opinion that the limitation 
to eight years of service would embrace such time of pro tern, 
service as a part of the eight years; and hence, as they did 
not so intend, they ordained an express exception in Section 
11 of Article II., which is in these words, viz.: “In all cases 
in which it is provided that an office shall not be filled by the 
same person more than a certain number of years continuously, 
an appointment, pro tempore, shall not be reckoned a part of 
that term.” 

They also expressly provided for the case of holding over till 
a successor was elected, etc., to prevent a temporary vacancy. 

Now, the clause just quoted from Section 11, has more than 
the weight of a simple exception to a general rule, implying, of 
course, that cases not specially excepted are to, be governed by 
it. It furnishes by its language, a clear exposition of what the 


44 


coiiveiitioii meant by Section 2 of Article VL; it shows tliat 
the limitation, the disal)ility ini]>osed, attaclied to period of ser¬ 
vice under the new constitution, not to tei’ins of election. It, 
in effect, declares, tliat that section means that ^hin office shall 
not he Riled liy the same person more than a certain numher of 
years continuously,” under this constitution; and then excepts 
'pw tern, appointments, and cases of holding over to })revent va¬ 
cancies. 13ut, as we have seen, those ofiicers who continued 
under the new from the old constitution, hy virtue of their 
popular elections, are not considered as holding hy pro fern, aji- 
pointments, or a simple holding over to prevent a vacancy; 
and hence, do not fall within the exceptions. 

The term eligible, as used in our constitution, relates to ca¬ 
pacity of holding, as well as capacity of being elected to, an 
ofRce. 

The fact that the effect of this construction will he to termin¬ 
ate the holding of a portion of the first occupants, under the 
new constitution, in the middle of a term, we do not think is 
entitled to much weight. It produces no greater inconvenience 
than death, removal, or resignation is frequently doing, and is 
as well provided for assuch'cases are. Suppose the constitution 
rendered a person ineligible to hold an office after he had ar¬ 
rived at a certain age, say sixty years, he might he elected at 
fifty-nine, and serve a year, and then he compelled to vacate 
his office. 

As the disahility in this case was one of which the voters 
were hound to take notice, and a general election, fixed hy law, 
is not vitiated hy a failure of tlie officer to make the publica¬ 
tion required hy statute, the successor, fairly elected, is, under 
the decision in the case of Gulick vs. Xew, 14 Ind., 93, entitled 
to the office. See P. S. to Letter XIX. of Woodfall’s Junius. 

It may he otiserved, that the questioii in this case is not one 
of prospective or retrospective operation of the constitution, 
hut one as to the meaning of, or the subject matter to which, 
a particular clause applies. It is prospective in its operation, 
with either meaning or application; prospective as to time of 
service in one case, or to time of election in the other. 

Per Cariavi .—The judgment below is reversed, with costs. 
Cause remanded for further proceedings, in accordance with 
this opinion. 


45 


GULICK i;.s. I^EW. 

The clerk of the circuit court is merely a ministerial officer, 
and in respect to the approval of official bonds, he has no-dis¬ 
cretion except to determine whether the security offered is suf¬ 
ficient. 

The governor may determine, even against the decision of a 
hoard of canvassers, whether an applicant is entitled to receive 
a commission or not, where the objection to his right to receive 
it rests upon tlie ground that a constitutional prohibition is in¬ 
terposed. . 

If the governor should ascertain that he has commissioned a 
person who is ineligible to the office, he may issue another 
commission to the person legally entitled thereto. 

When a majority of the ballots at an election were for a per¬ 
son not eligible to the office under the constitution, it was held 
that the ballots cast for such ineligible person were ineffectual, 
and that the person receiving the greatest number of legal votes, 
though not a majority of the ballots, was duly elected, and en¬ 
titled to the office. 

The mayor of a city, under the general law, has jurisdiction 
as a judicial officer throughout the county; and the voters of 
the county are, therefore, chargeable with notice of his ineligi¬ 
bility, under the constitution, to any office other than a judicial 
one, during the term for which he was elected. 

A writ of mandate is the proper remedy against a clerk for 
refusing to approve an official bond. 


BROWER i;5. O’BRIER. 

In the case of Brower vs. O’Brien, 2 Ind. Reports. The 
supreme court say, in commenting on the duties of the board of 
canvassers (2 Ind.-, p. 429): The statute prescribing the duties 
of the hoard of canvassers, makes the clerk of the circuit court 
of the proper county, ex officio, the clerk of said board. A state¬ 
ment is required to be drawn up by said clerk containing the 
names of the persons voted for, the office for which such person 



46 


was voted to fill, the number of votes given in each township to 
each of such persons, the number of votes given to each in the 
county, and the aggregate number of votes given altogether as 
ascertained from the poll books. 

The board of canvassers are also recpiired to declare the Iver¬ 
son having the highest number of votes given for each office to 
be filled by the votes of a single county, duly elected to such 
office, and such declaration is to be certified by the board in the 
statement thus required to be drawn up by the clerk. 

It is then made the duty of the clerk, in all cases in which 
the persons elected to offices in any county are commissioned 
by the governor, and clerks of the circuit courts are so com¬ 
missioned, unless notice shall be given that the election of sucli 
persons will be contested, after ten and within twenty days 
from the time said board of canvassers shall have made return 
of such election, to make out a certified statement under the 
seal of Ills said court, specifying the number of votes given to 
each person voted for for each office, and who has, by said 
board of canvassers been declared duly elected thereto; and to 
transmit the same by mail to the secretary of state at Indianap¬ 
olis. 

It is also provided that no commission shall be withheld by 
the governor, on account of any defect or informality in the 
return of any election to the office of secretary of state by any 
clerk of a circuit court, if it can, with reasonable certainty, be 
ascertained from such return what office is intended, and who 
is entitled to such commission. R. S. c. 5, a. 5 and 6. 

The duties of the clerk are here plainly marked out; but it 
is contended it was not his duty, in this case, to make a return 
of the election held for a clerk of the circuit court, because no 
person was, by the board of canvassers, declared positively and 
unconditionally elected to that office. 

With regard to this point it may be observed that the duties 
of both the board of canvassers and the clerk, in making the 
statement and declaration required, are purely ministerial. It 
is not within their province to consider or determine any ques¬ 
tions relative to the validity of the election held or of the votes 
received by the persons voted for. They are simply to cast up 
the votes given for each person, from the proper election docu¬ 
ments, and to declare the person who, upon the face of those 


47 


% 


documents, appears to have received tlie highest number of the 
votes given, duly elected to the office voted for. 

The material fact to be declared by the hoard of canvassers 
is, therefore, who received the highest number of votes for the 
offices voted for. In declaring this they substantially declare 
such persons duly elected, so far as their declaration is of any 
consequence. This much is declared in the statement set out 
in the defendant’s plea. That part of the statement making 
the declaration of the board of canvassers dependent on a 
question of vacancy in the office, was improperly inserted; hut 
it may he regarded as merely surplusage, and it affords no 
excuse to the clerk for his neglect or refusal to make a return 
of the election to the secretary of state. 




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LAWS GOVERNING ELECTIONS. 


('irAPTKR xxni. 

AN ACT to aiiKiid section eight of the act entitled “An act to prescribe 
certain powers and duties of county commissioners, township trustees, 
city councils, and trustees of towns, in relation to elections; also ])re- 
scribing certain powers and duties of inspectors and judges of elec¬ 
tions, and penalties for frauds in the performance of their official du¬ 
ties, to prevent illegal and fraudulent voting; prescribing penalties 
for the violation of this act,’ and repealing an act entitled ‘An act re¬ 
pealing sections two, three, four, five, six, seven, eight, nine, ten, 
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, nineteen, 
twenty, twenty-one and twenty-two’ of an act entitled ‘An act to pro¬ 
vide for the registry of voters, and to declare their residence, and to 
punish fraudulent practices touching elections, and definitig the du¬ 
ties of certain officers therein named, and the form of the ballots, and 
providing compensation for the services of such officers, approved 
March 11, 1867, and prescribing further duties of the officers of elec¬ 
tion, and providing for the appointment of the necessary officers and 
clerks for holding such elections,’” approved May 13, 1869, approved 
March 14, 1877, and declaring an emergency. 

[Approved March 80, 1881.] 

Section 1 . Be it enacted hy the. (:reneral Assembly of the 
State of Indiana, That section eis^lit of an act entitled 
“An act to prescribe certain powers and duties of county 
commissioners, townsliip trustees, city councils and trus¬ 
tees of towns in relation to elections; also, prescribing^ 
certain powers and duties of inspectors and Judges of 
election, and penalties for frauds in the performance of 
their official duties, to prevent illegal and fraudulent 
voting, prescribing penalties for the violation of this 
act, and repealing an act entitled ‘An act repealing sec¬ 
tions two, three', four, five, six, seven, eight, nine, ten, 
eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven¬ 
teen, nineteen, twenty and twenty-two,’ of an act 
entitled ‘An act to provide for the registry of voters 

4—Elec. Laws. 


Act amended. 



50 


and to decdare tlieir residence, and punisli fraudulent 
•practices toucliing elections, and defining the duties of 
certain ofiicers therein named, and the form of the bal¬ 
lots, and providing compensation for tlie services of 
such officers, ap])roved Marcli 11, 1867, and prescribing^ 
further duties of the ofiicers of elections, and providing^ 
for the ap})ointment of the necessary officers and clerks- 
for holding such elections,’” a})proved May 18, 1869,. 
approved March 14, 1877, he, and said section is hereby 
Each Avard a amended so as to read as follows: Section 8. In city 
elections each ward shall constitute a separate voting 
Commoncoun- - Provided^ That the common council of any 
cii may change (-itv may luakc sucli cliano’es in places of holding elec- 
ingelections, tioiis, 01’ (livisioiis in preciiict 111 siicli City as public 
-convenience and the public good may require, hut no 
siicli change or divisions shall be made without giving 
due notice at least one month before any election, either 
by ])ul)lication in the newspa})er piihlished in such city 
having the largest circulation therein, or by posters put 
up in four of the most piililic places in such precinct. 
Officers of elec- Sucli comiiion coiiiicil sliall appoint three qualified voters 
in each ])recinct, one to act as inspector, and two as 
judges of elections, who shall have been freeholders and 
resident householders in such precinct at least one year 
next preceding any city election at which they may 
officiate. iSuch inspectors and judges, when so appointed, 
shall constitute a board of elections, which shall have 
all the })Owers and jierform all the duties of boards of 
In town elec- election as hereinhefore specified. In town elections 
of voSng.^^^^'^ffitU'e shall he hut one place of voting, which shall he 
centrally located in the town and designated in the 
notice of such election given by the town clerk. The 
Officersofelec- hoard of towii ti’ustees shall appoint three qualified 
voters who shall have been freeholders and resident 
liouseliolders in the town at least one year next preced¬ 
ing any town election at which they may officiate, one 
to act as ins[)ector, and two as judges of elections, and 
such inspector and judges, when so appointed, shall 
constitute a lioard of elections as in the case of cities in 
Towns to have this sectioii provided: Provided, That the hoards of 
voSngJwhL?^towns liaving a population of more than 
three thousand inhabitants, as shown liy the census of 
1880, may, if public convenience and the public good 
shall seem to require it, establish two places of voting 
in such towns. 

Sec. 2. An emergency exists for the immediate taking 
eftect of this act, therefore the same shall be in force 
from and after its passage. 


Emergency. 


51 




* 


CIIArTER XVIT. 


AN ACT providing for the submission to the electors of the state of In¬ 
diana for ratitication or rejection the constitutional amendments pro¬ 
posed to and adopted by the general assemblies of said state at the 
sessions of 1877 and 1879, prescribing certain duties of officers of 
election and others, providing penalties for violations thereof, and 
repealing all laws in conflict therewith, and declaring an emergency. 

[Approve]) February 21, 1881.1 

Whereas, Eticli of said aitiendiiients was agreed to 
by a intijority of all the iiiendters elected to each of the 
two houses of the said general asseiiihly, in which they 
were proposed as aforesaid, and entered with the yeas 
and nays tliereon on their journals, and referred to the 
general asseml)ly to he chosen at the then next follow¬ 
ing genertd election ; and. 

Whereas, In the general asseinhl}" next afterward 
chosen, to-wit, in the general assenihly chosen at the 
general election held in October, 1878, and wdiich 
held its sessions in the year 1879, each of said ])roposed 
amendnients was agreed to by a majority of all the 
members to each liouse ; and. 

Whereas, i8aid general assembly last named, by an 
act entitled ‘OVn act providing for the suhmission to 
the electors of the state of Indiana for ratification the 
constitutional amendments proposed to and adopted by 
the genera assemblies of said state at the sessions ot 
1877 and 1879, ju'escribing certaiuL duties of officers of 
election and others, providing penalties for violations 
thereof, and other provisions relating to the subject 
matter, which was approved Alarcli 10, 1879, provided, 
as was supi)Osed, for the submission of each and every 
one of sai(l amendments so proposed to the electors of 
tlie state ; and. 

Whereas, It was afterwards decided by the Supreme 
Court that said act was insufficient in its provisions to 
make a valid suhmission of said proi)Osed amendments 
to the electors of the state, and that said attempted 
submission was void; theretore. 

Whereas, In the general assembly of the state of In¬ 
diana elected at the" pneral election held in October, 
1876, and which held its sessions in the year 1877, there 
was proposed by the senate of said general assembly 
seven separate amendments ot the constitution ot this 
state, which amendments were in the words and tigures 


52 


following, and detsignated in the resolutions by which, 
they were proposed hy the numbers following, respec¬ 
tively, to-wit: 

Amendment No. 1. 

Amendments 

tobesubmitted Amend Section 2 of Article II. so as to read as follows : 

SeeUon 2 ofScctioii 2. Ill all elections, not otherwise jirovidcd for 
® ' by this constitution, every male citizen of tlie United 
States, of the age of twenty-one years and upward, 
who shall have resided in the state during the six 

Residence ofmoiitlis, and ill the township sixty days, and in the 
ward or precint thirty days immediately ])receding such 
election, and every male of foreign birth of the age of 
twenty-one years and upwards, who shall have resided 
in the United States one year, and shall have resided in 
this state during the six months, and in the township 
sixty days, and in the ward or precinct thirty days im¬ 
mediately preceding such election, and sliall have de- 
(dared his intention to become a citizen of the United 
States, conformahl}" to the laws of the United States 
on the subject of naturalization, shall he entitled to vote 
in the township or precinct where he may reside, if he 
shall have been duly registered according to law.* 

Amendment No. 2. 

Section 5 of Striking out the words, “ hlo negro or mulatto shall 

second article. tlic riglit of Suffrage,” contained in section 5 of 
the second article of the constitution; and 


Amendment No. 8. 



Section 14 of Amend section 14 of the second article to read: Sec- 
second article, tion 14. All general elections shall be held on the first 
ERctio^ninXo- Tuesday after the first Monday in fSTovemher; hut town- 
vem er. elections may be held at such time as may lie pro¬ 

vided by law: Provided^ That the general assembly 
may provide by law for the election of all judges of 
courts of general and appellate jurisdiction, by an elec¬ 
tion to be held for such officers only, at which time no 
other officer shall be voted for, and shall also provide 
for the registration of all persons entitled to vote.t 


Amendmient No. 4. 


Scotions4and5 ^^trike tlie word “white” 
of Article IV. article 4. 


from sections 4 and 5 of 


69 Ind., 505. 
t Acts 1881, p. 482. 







53 


CHAPTER XLVIL 


AN ACT concerning elections, and the contest thereof. 

[Approved April 21, 1881.] 

bECTiON 1. Be it enacted by the G-enefal Assemhly of the e^ec- 

State of Indianay That a general election shall be held hefdj wh^?oC 
on the first Tuesday after the first Monday in November 
in tlie year one thousand eight hundred and eighty-two, 
and biennially tliereafter on the same day, at which 
election all existing vacancies in office, and all offices, 
the terms of whicli will expire before the next general 
election thereafter, shall he filled, unless otherwise pro¬ 
vided by law. 

Sec. 2. The clerk of the circuit court shall, at least Certificate of 
twenty days before such election, certify to the sheriff 
of his county what officers are to be elected; and such 
sheriff shall give fifteen days’ notice thereof, by posting 
up at all usual places of holding such elections, a copy 
of such certificate, and by one publication thereof in 
some newspaper of his county, if any there he, and by 
delivering a copy thereof to the township trustee of 
each township within the county. But no election shall Failure to give 
be invalidated by the failure of" such clerk or sheriff* 
the performance of any of the duties enjoined by this 
section.* 

Sec. 3. All elections shall be free and equal, and in Qualification 
all elections every male citizen of the United States of 
the age of twenty-one years and upwards, who shall 
have resided in the state during the six months, and voter, 
in the township sixty days, and in the ward or ])re- 
cinct thirty days, immediately preceding such election, 
and every male of foreign birth of the age of twenty- Foreigners, 
one years and upwards, who shall have resided in the 
United States one year, and shall have resided in this 
state during the six months, and in the township sixty 
days, and in the ward or precinct thirty days immedi¬ 
ately preceding such election, and shall have declared 
his intention to become a citizen of the United States 
conformably to the laws of the United States on the 
subject- of naturalization, shall be entitled to vote in the 
township or precinct where he may reside. 

Sec. 4. Every person undergoing a sentence of im- disfran- 
prisonnient on convi('tion for any felony or misdemeanor. 


n5Ind.,327; 17Ind.,534; 19 Ind., 356. 



Soldier, sea¬ 
man, etc., non¬ 
residents, etc. 


h e n resi¬ 
dence not lost.' 


Electors free 
from arrest, 
when. 


Places of hold¬ 
ing elections. 


Forming pre¬ 
cincts. 


Number voters 
in precinct. 


Boundaries of 
precinct, when 
changed. 


Notice of 

change. 


sliall be distVaiieliised during the period of siieli inijiris- 
onnient. 

Sec. 5. No soldier, seaman or marine, in tlie army or 
navy of tlie United States, or of their allies, shall lie 
deemed to liave aetpiired a residence in tlie State in 
conse(|uence of having lieen stationed within the same; 
nor shall any such soldier, seaman or marine have the 
right to vote. 

Sec. 0. No person shall he deemed to have lost his 
residence in the state hy reason of his absence, either 
on business of this state or of the United States. 

Sec. 7. In all cases, except treason, felony and breach 
of the peace, electors shall he free from arrest, in going 
to elections, during their attendance there, and in 
returning from the same. 

Sec. 8 . The county commissioners of each county in 
this state shall, where the same has not been already 
done, at their first ses^sion after the taking effect of 
this act, or as soon thereafter as })racticable, designate 
places of holding elections and precincts, which shall 
he described hy definite boundaries. Such hoard of 
commissioners shall designate at least one place of hold¬ 
ing elections in each township, and every township in 
which only one place of holding elections is designated 
shall constitute a [)recinct. Each township shall con¬ 
stitute at least one precinct, and Avlien public conven¬ 
ience requires it, a townshi[> may he divided into two or 
more precincts, and there shall he hut one voting place 
in a precinct. No precinct shall contain more than 
till 'ee hundred and fifty voters, as near as may he, to he 
ascertained and determined hy the hoard, as nearly as 
possible, hy the official returns of the last general elec¬ 
tion, and in forming voting precincts, regard shall he 
had to natural divisions, density of population, and the 
convenience of voters. 

ISec. 9. The county commissioners of any county 
may change the boundaries of any precinct within such 
county, or divide any precinct into two or more pre¬ 
cincts, or consolidate two or more premncts into one, or 
change any place of holding elections whenever public 
convenience or the public good may require it: Provided, 
That no such change, division or consolidation shall he 
made after the June term of said commissioners next 
preceding any election : And iwovided f^irther, That no 
such change, division or consolidation shall he valid 
without giving due notice at least one month before 
any election, either hy publication in the newspaper 
having the largest circulation in each county, or by 


55 


posters put up in four of the most public places in each 
precinct: And promded further^ That no precinct shall 
he enlarged so as to contain more than three hundred 
and fifty voters, as near as may he. 

Sec. 10. Township trustees shall, hy virtue of thhir 
office, he inspectors of election in the precincts in which 
they respectively reside, and shall, prior to the opening 
of the polls in such precinct, appoint as judges of elec-Appointment 
tion two cpialified voters of such precinct, who have 
heen freeholders and resident householders therein for 
at least one year next preceding such election, and who 
are memhers of different political parties, and of the 
parties wliich cast the highest number of votes in such 
precinct at the next preceding general election, and 
such judges, together with the inspector, shall constitute 
a hoard of election. No person shall he eligible as a Quaiificationof 
member of the hoard of election who has anything of board, 

value bet or wagered on the result of such election, or 
who is a candidate to he voted for at such election, or 
who is of kin to any candidate at such election. If at 
any time before or during an election it shall he made 
to appear to any inspector, by the affidavit of two or 
more qualified electors of the precinct, that either of the 
judges is disqualified under the provisions of this act, 
he shall at once remove such judge, and fill the place 
with a qualified person, and in case such disqualified 
judge shall have taken the oath of office hereinafter 
prescribed, the inspector shall place such oath and the 
affidavit before the next grand jury of the county.* 

Sec. 11. Whenever any l)oard of commissioners shall 
designate more than one precinct in any township, they cancies;’ offi- 
shall, at the June term of said hoard next preceding 
any election, appoint in each additional precinct, as 
inspector of such election, some qualified voter of such 
precinct, who shall have been a freeholder and a resi¬ 
dent householder in such precinct for at least one year 
next preceding such election. Such hoard of commis- 
sioners shall fill all vacancies that may occur at any inspector, 
regular or called session of the hoard, and said inspector 
shall, previously to the time of opening the election at 
any precinct, appoint as judges of said election two 
qualified voters of such precinct, who shall have heen 
freeholders and resident householders in such precinct 
for at least one year next preceding sucli election, sucli 
judges to he members of different political parties, and 
when so appointed, such judges, together with the 


47 Ind., 127; 21 Ind., 499 ; 11 Ind., 14 ; 12 Ind., 330. 



56 


inspector, sliall constitute a hoard of election: Fromdedy 
There are different ])olitical parties in the precinct: 
And provided furthery That such appointments shall he 
made from the political parties having cast the higliest 
numher of votes in sucli precinct at tiie last preceding 
general election. 

Clerks of elec- Sec. 12. Such l)oard of election sliall appoint as 
tions. . elerks two qualified voters of such precinct, who shall 
belong to different political parties: Provided, There 
are different political ]>arties in such precinct: And pro¬ 
vided farther, That such appointment may he made 
from the parties casting the highest numher of votes at 
the last preceding general election. 

Blank forms of ^EC. 13. The auditor of each county in the state 
poll books andgPa^p make out and cause to he delivered to the inspect- 
turns, etc. oi’s of the Several election precincts in their respective 
Auditor to fur- counties, at least ten days previous to any election, a 
nishpoiibooks. iiumher of blank forms of poll-hooks, containing 

one column lieaded ‘‘ names of voters,” and an additional 
column headed “numher of votes,” and also forms of 
election returns, with the proper captions, forms of 
oaths, and forms of certificates, and tally papers neces¬ 
sary to he used in all elections hereafter held in this 
state. The county commissioners of each county shall 
allow said auditor or other county officer a reasonable 
compensation for all services by them rendered, as 
required by this act, and to he paid out of the treasury 
of their respective counties. 

When inspec- Sec. 14. Eacli inspector and judge of elections shall 
to“attenipilce tlic placc of holding elections in his township 

thm^^’^abse^ice’prcciiict at or before eight o’clock in the morning of 
the day of election, and should such inspector not 
appear at that hour, or if from any cause there should 
he a vacancy in the office of inspector, or none has been 
appointed, then the qualified voters of that township 
or precinct who may he present shall appoint by a 
majority viva voce as the inspector of such election, some 
qualified voter of such township or precinct, who shall 
have been a freeholder and resident householder in such 
township or precinct for at least one year next preced¬ 
ing such election. And said inspector so chosen shall, 
previously to the time of ojiening said election, appoint 
as judges of such election two qualified voters of such 
township or precinct who shall have been freeholders 
and resident householders therein for at least one year 
Politics of next preceding such election. Such judges shall he 
board, members of different political parties whenever there 
are different political parties in such township or pre- 


57 


einct; and such appointment shall he made from the 
two political parties casting the highest number of votes 
therein at the last preceding general election. Such 
hoard of election so constituted shall appoint as clerks 
two qualified yoters of such township or precinct, who 
shall belong to different political parties, in the same 
way that the judges are appointed. 

Sec. 15. Before any election shall be opened, the and duty 
inspector and judges shall each make oath to support jind/ulges.^^^ 
the constitution of the United States, and of this state, 
to faithfully and impartially discharge the duties as¬ 
signed by law; that tliey will not knowingly permit 
any person to vote who is not qualified, and not know¬ 
ingly refuse'the vote of a qualified elector, or cause any 
delay to persons offering to vote, further than is neces¬ 
sary to procure satisfactory information of the qualifica¬ 
tions of such person as an elector, and that they are now 
bona fide residents and freeholders in the precinct where 
appointed, and have been such residents and freehold¬ 
ers of the township in which such precinct is situated 
for more than one full year next -preceding such elec¬ 
tion, which oath^ shall be in writing or printed, and 
shall be subscribed and executed before sonie person 
authorized by law to administer oaths, which officer 
shall attach thereto his jurat, and such oath shall then 
be attached to the poll book, and with it returned to 
the clerk’s office of liis county as hereinafter provided. 

Sec. 16 . If no person present is authorized by by whom’ 

to administer the oath of office, the inspector shall 
administer the same to the judges, and one of such judges 
shall then administer said oath to the inspector. 

Sec. 17. The inspector shall be chairman of Jbairman 

board, and before the reception of any votes, shall board; to ad- 
administer an oath to each of the clerks of the election, 
that they will faithfully discharge their duties. After 
the organization of the hoard of judges, the inspector 
may administer all necessary oaths which may be 
required in the discharge of their duties, and all oaths 
shall be written or printed and shall be signed by the 
persons making such oaths in the presence of such 
board of election, and the person administering such 
oaths shall affix liis jurat thereto, and said affidavits 
shall be attached to and returned with the poll lists to 
the office of the county clerk. 

Sec. 18. The board of county commissioners of each Ballot boxes, 
county shall provide, at the expense of the county, a 
sufficient number of ballot boxes to furnish one to each 
precinct, which ballot box shall have at least two locks 


58 


to eacli box, and l)e otherwise so constructed as to con¬ 
tribute towards the prevention of fraud. 

Openinginbai- opeiiiiig sliall be made in the lid of each 

lotbox; inspec- Pox sufhcieiit oiilj foi’ a single l)allot, aiid at the time 
tion, ey. electioii is opened the inspector and judges shall 

see that there are no ballots in the box before the voting 
begins, and shall thereupon securely lock the box, and 
give one key to one of the judges, who is in politics 
opposed to "the inspector, the inspector retaining the 
other key, and the same sliall not again be opened until 
the polls are closed, and the board are ready to imme¬ 
diately proceed with the counting. 

Sec. 20. The election shall be opened in the fore- 
ciSg^ efec^^noon, between the hours of eight and ten o’clock, and 
continue open until four o’clock in the afternoon, after 
, . which the board may close the election at any time. 

Close election, clcctors liavc votcd, or wlicii fifteen min¬ 

utes have passed without a vote having been tendered; 
but the polls shall in no case be kept open after six 
o’clock of the afternoon, and the polls shall not be 
closed after four o’clock and before six o’clock, except 
by the unanimous consent of all the members of the 
election board, but whenever the "polls are closed, 
proclamation must be made of the fact of such closing 
by the inspector, to the people outside, in a loud and 
audible tone of voice, and a minute of such proclama¬ 
tion, and of the time when the same was made, must 
be entered on the tally paper by the clerks, and after 
sucli minute has been entered, no more votes shall be 
received. 


whei-e elector Each elector shall vote by ballot, ill the pre- 

tovote. cinct wherein he resides.* 


Proclamation before receiving the ballot of any elector, 

of opening the board of election shall cause to bo proclaimed that 
election. gucli election is opened. 

Ballots kind ballots wliicli may be cast at any e\ec- 

aSdformol^ tioii hereafter held in this State, shall be written or 
printed on plain white paper, of a uniform width of 
three (3) inches, without any distinguishing mark or, 
other embellishment thereon, except the name of the 
candidates and the office for which they are voted for.f 
p. ,, p Sec. 24. Any person offeriim to vote may be chal- 
person at- ieiigcd as unquaimed by any qualined voter ot such 
‘^township or precinct, and in all cases the inspector and 
each judge shall cballenge any person offering to vote 
whom he shall know or suspect not to be qualified; and 


>■•38 Ind., 89. 

t 29 Ind., 308 ; 35 Ind., 275 : 39 Ind., 363. 



if the person so eliallengejil insists upon voting, and if 
the cliallenge he not withdrawn, the inspector"of such 
election, or one of tlie judges tliereof, sludl adniinivSter 
to liiin, if lie claim to he a citizen of the United States, 
the following oath; “Yon do swear (or affirm, as the ^^ 
case may be) that yon are a citizen ot the United 
States, that yon are over twenty-one years of age, to 
the best of yonr information and lielief, that yon have 
been a bona fide resident of tliis state for six months im¬ 
mediately ])receding this election; that yon have resided 
in the township sixty days, and in the ward or precinct 
(as the case may he) thirty days, and are now a bona fide 
resident of this precinct; tliatyoii are generally known 
by the name in which yon now desire to vote, and that 
yon have not voted and will not vote in anotlier pre¬ 
cinct at this election.” And if such person does not 
claim to be a citizen of the United States the insjiector 
of such election, or one of the Judges thereof, shall ad¬ 
minister to him the following oath : “ Yon do swear (or Elector of for- 

affirm, as tlie case may he), that yon have resided in the 
United States one year, and have declared your inten¬ 
tion to become a citizen thereof in conformity with the 
laws thereoF; that you are over twenty-one years of 
age, to the best of your information and belief; that 
yon have been a bona fide resident of this state for six 
months immediately preceding this election ; that you 
have resided in the township sixty days and in the ward 
or precinct (as tlie case may he) thirty days, and are now 
a bona fide resident of this precinct; that yon are gen¬ 
erally known by the name in which you now desire to 
vote, and that you have not voted, and that you will not 
vote in any other precinct at this election.” And in 
addition to such oaths of such persons whose votes are 
challenged, whether they claim to he citizens or not, the 
following oath or affirmation of some cpialitied voter in 
such precinct who has been a freeholder and a resident 
householder in such precinct for at least one year next 
preceding such election, shall he required; “You do Oath of free- 
swear (or affirm, as the case may be), that you are 
qualitied voter in this precinct, and that yon have been 
a freeholder and a resident householder in this precinct 
for one year, next preceding this election, and that 

-, who now desires to vote, has resided in this 

state for six months immediately preceding this elec¬ 
tion ; that he has resided 'in this township sixty days, 
and in the Avard or precinct (as the case may he) thirty 
days, and is now a bona fide resident of this precinct.” 

All of which oaths shall be written or printed, and shall 





60 


be signed by tbe person making such oatlis in tlie pres¬ 
ence of such ])oard of elections, which oaths shall be 
administered by some member thereof, who shall affix 
his jurat thereto, which affidavits shall be attached to 
and returned, with the poll lists, to the office of the 
county clerk.* 

Challenged Sec. 25. If the person challenged take sucli oatli and 
shall have been supported by a freeholder of his precinct, 
as hereinbefore provided, he shall be admitted to vote, 
and it shall not be lawful thereafter for said board to 
examine any witnesses touching his qualifications, but if 
he refuse to" take such oath, they may swear and exam¬ 
ine other witnesses.! 

• Name 9 f elec- ^EC. 26. When any elector offers to vote, the in- 
nounce^^"^" spector sliall pronounce his name in an audible voice, 
and if there be no objection he shall receive his ballot, 
and in the presence of the other judges put the same 
unopened into the ballot box, when the name of such 
elector shall be again distinctly repeated, by one of the 
other judges, in the presence of the clerks. 

Name elector; ^EC. 27. The name of eacli elector, as he votes, shall 
poll lists. ' \jQ entered and numbered by such clerks on their poll 
lists. 


AVhen more 
persons desig¬ 
nated on ticket 
than are to be 
•elected. 


Inspector, etc., 
not to vote, 
when,nor state 
result of count¬ 
ing. 


No adjourn¬ 
ment, until 
when. 


Meals for elec¬ 
tion officers. 


Sec. 28. If more persons are designated on any ticket 
to any office than are to be elected to such office, such 
part of the ticket shall not be counted to any of them; 
but no ticket shall be lost for want of form, if the board 
of judges can determine to their satisfaction the person 
voted for and the office intended. Provided, That no 
ballot shall be rejected by reason of any misarrange- 
ment of initial letters, or misspelling of any Christian 
or surname of any candidate; but if the board are able 
to discover to the satisfaction of a majority thereof the 
person intended to be voted for, such ballot shall be 
counted. 

Sec. 29. IN^o inspector, clerk or judge of any election 
shall vote after commencing to count the votes, nor 
publish any statement of the result of their counting 
until such election is closed. 

Sec. 30. After the opening of the polls at any elec¬ 
tion in this state, no adjournment shall be had nor any 
recess taken, until all the votes cast at such election shall 
have been counted and the result publicly announced. 

Sec. 31. It shall be the duty of the township trus¬ 
tees in their respective townships, to cause the members 
of the election board in each township or precinct to be 


’M7 Ind.,536 ; 85 Iiid., 488. 

t5 Blkf., 138 ; 17 Ind., 586 ; 27 Ind., 492. 



61 


furiiislied with good, [)lain and substantial meals, at the 
regular hours for meals, during tlie election day and 
until the count is tin'ished, hut no spirituous, vinous or 
fermented liquors shall he furnished. Such trustees 
.sliall he allowed and paid hy the county hoard the actual 
cost of such meals in their next regular jiccount. 

Sec. When the polls are closed tlie ins})ector and 

judges shall o})en the ballot box and commence counting tell. 
the votes; when the ballots shall he taken out carefully, 
one by one, by the inspector, who shall o[)en them as he 
takes them out, and read aloud the name of each per¬ 
son printed or written thereon, and the office for whicli 
every such ]>erson is voted; he shall then hand the bal¬ 
lot to one of the judges, who shall examine the same 
and hand it to the other judge, who shall string it on a 
thread of twine. 

Sec. 36. Any ])olitical partv bavins: candidates or a^'^^o may be 
candnlate to l)e voted tor at any election may be repre- counting of 
sented hy two qualitied voters of su(*h precinct, in the'^*^^^' 
room where the votes are counted, who may Avitness the 
counting of the vote, and remonstrate against any fraud 
or irregularity that may occur: Prooided^ That such 
persons shall conduct themselves in a quiet aiid orderly 
manner, and shall not interrupt the board in the dis¬ 
charge of theii* official duties, except to state and tile 
such protest. Said persons may be selected hy the cen- 
ti'al committee of the county or township in AAdiich such 
])recinct is located, or by the candidates to he voted for, 
or a majority of them, or hy the voters of the respective 
parties then present: Provided, That no person shall 
be admitted to the room where the election hoard is 
sitting, save only the members of the board, tlie sworn 
clerks, and the witnesses herein provided for: And, 

2 )rovided farther, Tliat such witnesses shall enter the Protest of wit- 
protests provided for herein in writing, and they shall ‘ 
be kept liy the ins[)ector and returned with the election 
returns and papers to the clerk’s office, as provided in 
this act: AnA, providejJ, farther. That if the members 
of such election board, or any of them, shall, at any 
time during the progress of such election, refuse admit¬ 
tance to their room to any such witnesses, selected as. 
provided for in this act, the person so otlending shall be 
<leemed guilty of a misdemeanor, and u[)on conviction 
may be lined tlun-efor, l)y the proper court or jury try¬ 
ing" the cause, in any sum not less than live nor more 
than lifty dollars. 

Sec. 34. When the votes shall be counted, tlie board ("^ertmcate of 
of judges shall make out a certificate, under their hands. 


Btatiiig the iiiiial)er of votes each person has received^ 
and designating the otiice, wliieh nnmher sliall be writ-^ 
ten in words, and such certificate, together with one of 
the lists of voters, and one of the tally pa})ers, shall he 
deposited with the inspector, or with one of the judges 
selected hy the hoard of judges. 

p Sec. 35.* As soon as the votes are counted and before 
ballots, tally the Certificate of the judges, t)rescribed in the foregoing 
of vTters^ section is made out, the ballots, with one of the lists of 
voters and one of the tally papers, shall, in tlie presence 
of the judges and clerks, be carefully and securely 
Duty of the in- placed by the inspector in the presence of the judges,, 
spector. strong aiul stout paper envelope or bag, which shall 

then lie tightly closed and well sealed with wax, by the 
inspector, and shall be delivered by such inspector to the 
county clerk at the very earliest possible period before 
or on tlie Thui-sday next succeeding said election, and 
the inspector shall securely keep said envelope contain¬ 
ing the ballots and j^apers therein and permit no one to 
open said envelope or touch or tamper with said ballots 
Oathofinspec- or papers therein; and upon the delivery of such envel- 
ope to the clerk, said ins})ector shall take and subscribe 
an oath before said clerk, that he has securely kept said 
envelope and the ballots and papers therei]i; and that 
after said envelope had been closed and sealed by him 
in the presence of the judges and clerks, he had not 
suffered or permitted any person to break the seal, or 
open said envelo})e, or touch or tamper witli said ballots 
or papers; and that no person has broken such seal or 
opened said envelope to.his knowledge, which oath shall 
be filed in said clerk’s office with the other election 
papers. 

!Sec. 36. The clerk shall securely keep said envelope 
p^ap^eAs so sealed with the ballots and paper’s therein, in the 
when; contest, condition as it was received l)y him from the 

inspector, in his office, unless opened by said inspector 
in tlie presence of the board of canvassers as herein 
provided, for the period of six months. But when such 
election is contested he shall preserve them so long as 
such contest is undetermined, subject to the order of the 
court trying such contest: Provided, That said inspector 
shall, after sealing said envelope containing such ballots 
and one of his poll books and tally paper, plainly mark 
said envelope upon the outside, in ink, with the name, 
number and township, and after each election the ballot 
box herein provided for shall be, by said inspector, 
baiTot^^^boS, with the township trustee of the township in 

key, etc. wliicli liis preciiict is situate, for safe keeping ; and said 


63 


officers of election sliall, upon receiving the pay for their 
services as such from said township trustee, deliver to 
liim the keys to said ballot box in their custody. 

Sec. 37. The inspector of each township or precinct, of can- 
or the judge of election, to whom the certihcate, poll 
book and tally papers shall have been delivered, as pro¬ 
vided for in this act, shall constitute a board of cavass- 
ors, who shall canvass and estimate the certificates, poll 
lists and tally pa])ers returned by eacli member of said 
board, for which purpose they vshall assemble at the 
ooiirt house on Thursday next sue(* *eeding such election, 
between the hours of ten a. m. and six o’clock p. m. 

Sec. 38. Tlie members of such board who shall assem- Officers of 
ble at such time and place, shall select one of theii’ ‘ 
number as chairman, and the clerk of the circuit court 
si)all act as their clerk. 

Sec; 39. Such board wlien organized shall carefully Duties of 
€om[)are and examine the papers entrusted to them, ’ 
aggregate and tabulate from them, the vote of the 
county, a statement of AVhich shall be drawn up by the 
ederk, and shall contain the names of the persons voted 
for, the office, the nund)er of votes given in each town¬ 
ship and precinct to each person, the number of votes 
g^iven to each in the county, and also the aggregate 
number of votes given, which statement shall be signed 
by each member of said board,-which canvass sheet, / 

together with such certificates, poll books and tally 
papers shall be delivered to the clerk, and by him filed 
in his office. The same shall be preserved b}" him, open 
to the inspection of any legal voter of the county, or 
district, or state. 

Sec. 40. Such board shall declare the person having 
the highest number of votes given for any office to be 
filled by the voters of a single county duly elected, to 
such office, and certify tlie same in the statement above 
required. 

Sec 41. If two or inore persons shall have the high- Tje v^te,^derk 
est and an equal number of votes for a single office to ° 
be filled by the voters of a single county, such board 
shall forthwith declare that no person is elected to fill 
sucli office, and shall certify the same in their statement; 
and, when filed, the clerkshall certify that fact to the 
tribunal whose duty it is to supply vancancies in such 
-office, or to issue a writ of election to fill the same, as 
the case may require.* 

Sec. 42. "^o tally paper, poll book or certificate, re- Tally paper, 
turned from aii}^ election by the board of judges thereof, to^be^re- 

_____jectod, when. 


*46 Ind., 307. 







64 


Certificate 

election. 



Governor to is- 


sliall be rejected for want of form, nor for lack of l)eing’ 
strictly in aeeordanee with the directions herein con¬ 
tained", if the same can be satisfactorily understood, and 
such board of canvassers shall in no case reject the 
returns from any precinct if the same be certified by 
the board of election of that precinct, as recpiired by 
law, and presented to them l)y the ins])ector or one of 
the judges of said board. 

Sec. 43. Where any person is elected to an office by 
^ the voters of a county, not to be commissioned by the 
governor, the clerk of the circut court shall, after ten 
days from the time the board of canvassers have made 
their return, make out and deliver, on demand, to such 
person, a certificate of his election; and in case where any 
officer is to be commissioned by the governor, he shall 
make out a statement, under his hand and the seal of 
his court, specifying the number of votes given to each 
])erson for eacli office, and who has been declared 
elected, a*nd shall transmit the same by mail to the sec¬ 
retary of state, within the time aforesaid. 

Sec. 44. i^o commission shall be withheld by the 
sue commis- governor on account of any defect or informality in the 
Sion, when. j^etum of any election to the office of the secretary of 
state, if it can, with reasonable certainty, be ascertained 
from such teturn what office is intended and who is 
entitled to such commission.* 

Certificate of two 01 ' iiiore countics coiupose a dis- 

votes cast fortrict to clcct a seiiator or representative, the clerk of the 
rese^taUve?^’' circuit court of sucli couiities, on the day next succeed¬ 
ing the return day of such election, shall make out a 
certificate of votes received by each individual for sen¬ 
ator or representatives, and declare (deliver) the same 
to the sheriff. 

Certificate of Sucli sheriffs sliall meet on the Wednesday 

election of sen-next followinc’ tlic rctum dav of such election, between 
sentative. the hours ot 0116 and SIX of the afternoon, at the court 
house of the oldest county in such district, where they 
shall comparej the certiffcates delivered to them by the 
clerks, and shall jointly make out and transmit to the 
person having the highest number of votes, for senator 
or representative, a certificate of his election; the 
county first organized, or if two or more were organ¬ 
ized at the, same session, then the county having, by the 
auditor of state’s last report the highest number of 
taxable polls, shall be deemed the oldest. 

Tie vote for ^^c. 47. If, ill sucli case, any two or more persons 
rese^ntaUve^^^'liavc tlic highest aiid ail equal number of votes foiv 


14 Ind., 93. 



65 


f 


the same office, such sheriffs shall certify that fact to 
the clerk of the circuit court of the county in which 
such sheriffs shall have compared such votes, and such 
clerk shall forthwith certify the same to the governor. 

Sec. 48. Clerks of the circuit court, on the day sue- 
ceeding the return day of such election, shall make outvotes given to 
in wards, certified statements, officially sealed, of the gilvernoJJ’etc?^ 
nnmher of votes given to each person for governor and 
lieutenant governor, for representative in congress, 
judges of the supreme and circuit courts, clerk of the 
supreme court, reporter of the decisions of the supreme 
court, prosecuting attorney, superintendent of public 
instruction, secretary, auditor and treasurer of state, 
and for senator and representative in the general assem¬ 
bly, and shall deliver the, same to some postmaster of 
the county, to he transmitted by mail to the secretary 
of state, taking from such postmaster, and filing a cer¬ 
tificate, setting forth particularly the time when such 
certified statement was deposited in such post office. 

Sec. 49. The secretary of state shall, in the pi*<^sence Se^^^retary 
of the governor, compare and estimate the number of pare votes and 
votes given for judges of the supreme court, reporter govern 
of the decisions of the supreme court, clerk of the su¬ 
preme court, secretary, auditor and treasurer of state, 
and superintendent of public instruction, and certify to 
the governor, the })erson receiving the highest number 
of votes for such offices, and also compare and estimate 
the number of votes given for judges of the circuit 
court and prosecuting attorneys, and certify to the 
governor the persons having received the highest num¬ 
ber of votes in their respective districts, and thereupon 
the governor shall transmit by mail to such persons, 
their commissions. 

Sec. 50. The secretary of state, as soon as he shall secretary of 
receive such certified statements, shall coni[)are and os- 
tirnate the votes given for representatives, in congress, r^rresenta^Uv^e 
and certify to the governor the person having the high-frovemor’seer- 
est number of votes, as duly elected ; and the governor 
shall give to each of the persons returned to him, as 
aforesaid, a certificate of his election, sealed with the 
seal, and attested by the secretary of state : Provided, Proviso. 

That no return of any county which has come into his 
hands, and which has been duly authenticated by the 
clerk thereof, under seal, as hereinbefore provided, 
shall he rejected by said secretary of state, hut he shall 
estimate, aggregate, and tabulate and report to the gov¬ 
ernor the total number of votes cast in each county for 
each candidate for state office, supreme judge or other 


f 



oflieor to be elected by all the voters of the state, and 
members of congress, as evidenced to bim l)y the face 
of such returns so certified to liim. 

Clerk's eertifi- 51. Eacli clerk of tlie circuit court shall on the 

cateof election (lay following tlic return day of an election for ^ov”- 

01 governor i ' i , n 

andiicutenant ernor and lieutenant governor, make out, at tull 
governoi. length, two certified statements, under tlie seal of his 
court, of the number of votes each candidate received, 
one of which he shall transmit to the speaker of the 
house of representatives of the next general assembly, 
by 1 lis senator or re})resentatiye, who shall deliver the 
same to the speaker on or before the second day of the 
session, and the other certified statement shall be trans¬ 
mitted by mail to Indianapolis, directed to said speaker, 
and to the care of the secretary of state, hj whom the 
same shall be delivered to the speaker on or before the 
second day of the session. 

Sec. 52. Each inspector, judge and clerk of any 
election shall be allowed and paid two dollars for eacli 
day’s service while attending such election and perform¬ 
ing the duties of their respective offices, and the same 
rate for one day’s services, and mileage at the rate of 
five cents per mile, going and returning, sliall be allowed 
and paid to each member of the board of canvassers. 


cors. 


[of SPE^^^^LECTIONS.] 

Special elec- ®EC. 58. A special election shall be held in the fol- 
Ivhen*^^lowing cases: 

F'irst. Whenever a vacancy shall occur in the office 

Senator or rep- n j. x* V • • i 

resentative. ot seiiator 01 ’ representative during a session; or, wnen 
the legislature will be in session, after the occurrence of 
vacancy, and before a general election. 

SccothL Whenever a vacancy shall occur in the office 
of representative in congress while in session, or when 
compress will be in session after such vacanev 'occurs. 


Congress. 


and before a general election. 


Tie vote. 


Third. Wlienever two or more })ersons receiving 
votes at any election shall have the highest, and an 
equal number of votes for the same office. 

Fourth. Or whenever a vacancy occurs in any office 
required to be filled at a special election. 

Sec. 54. Special elections not otherwise provided 
dor special for, shall be ordered by the governor, who shall issue a 
e ec ion,Wien. oi’ wi'its of election, directed to the sberiff or 

sheriffs of the proper countj^ or counties, and such writ 
shall specify the county, district or circuit, in which 
such election is to be held, the cause and object of such 


Governor to or- 


67 


election, the name of tlie person wliose office is vacant, 
and the day on which such election shall he held, which 
day shall he the same, in case such election is held in a 
district or circuit formed of two or more comities. 

Sec. 55. The sheritfs who receive such writs order- Notice by sher- 
ing; a special election, shall give the same notice thereof 
as is required of general elections: Provided^ Such 
notice may he set up and published ten days only. 

Sec. 56. All special elections shall be conducted, re- Special eiec- 
turned, certilied, canvassed, and certihcates and com-ducted.^'^ 
missions shall issue, and shall in all respects he governed 
hy the provisions of this hxAV regulating general elec¬ 
tions, so far as applicable. 

[or TOWNSHIP ELECTIONS.] 

Sec. 57. An election shall be held in each township Townshipeiec- 
of each county, in this state, on the first Monday of heid^’ 

April, 1882, and every second year thereafter, for the 
purpose of electing justices of the i)eace, township 
trustees, assessors, constables, and such other officers 
for such township, as may he provided for hy law; 
which elections shall be conducted hy the officers of, 
and governed hj" the provisions of this law, with 
res})ect to general elections so far as ap|)licahle. 

8 ec. 58. The hoard of judges shall count the votes Boardofjudges 
given for each person for each office, and certify the 
result, and the inspector shall tile one of the poll hooks 
and tally sheets, with ballots on a string, in the clerk’s 
office of the county, witliin ten days after such election. 

If two or more have the highest and an equal number Tie vote, 
of votes for the same office, such judges shall, when the 
result is certified, determine hy lot the })erson entitled 
to the office, and the next day the inspectors shall make 
out and deliver to the person elected, when demanded, 
a certificate for each person elected to any office in said 
township, except justices of the peace: Provided^ That, 
if there is more than one precinct in said township, 
then the inspectors of the several precincts shall meet, ' 
on the day following the election, at the office of the 
township trustee, at as near ten o’clock a. m., as is 
practicable, and compare tlie poll hooks and certificates 
thereto held by them, and having aggregated the vote 
of the township, declare and certify the result; and if 
two or more persons have the highest and an equal 
number of votes for the same office, they shall determ¬ 
ine, hy lot, whicii shall he declared elected, and give a 
certificate accordingly. 


68 


p ... , Sec. 59. Sucli certificate shall entitle the holder to 
tuie^hoider to qualiiy anti enter upon the discharge ot tlie duties ot 
the office to which he is elected, at the expiration of 
ten days from the day of sucli election, except that the 
certificates of election of justices of the peace shall he 
forwarded by the inspector aforesaid to the clerk of the 
circuit court, who shall certify the result for that office 
to the secretary of state. 


[of city and town elections.] 

Precinct; no- towii elections, cacli Avai’d in 

number of voters does not exceed three 
hundred and fifty shall constitute a jirecinct: Prooidedy 
Offi^cers of elec-That the commoii council of any city, or the trustees of 
See act March sliall make such chaiigcs in places of holding 

11^1 elections, or divisions in precincts, in their respective 

cities and towns as will limit the numher of A^oters in 
each iirecinct to three hundred and fifty as near as may 
he: Providedy That no such changes or divisions shall 
be made Avithout giving due notice, at least one month 
before any election, either by publication in the iicavs- 
paper having the largest circulation in the county in 
whicli sucli city or town is situated, or by posters put 
up in four of the most^public places in such precinct. 
Such council or trustee shall appoint three cpialified 
voters in each precinct, one to act as inspector and tAVO 
as judges of elections, AAdio shall have been freeholders 
and resident householders in such precinct for at least 
one year next preceding any election at Avhich they 
may officiate; such inspectors and judges to be ap¬ 
pointed according to such regulations as are hereinafter 
specified. Such inspector and judges, Avhen so ap¬ 
pointed, shall constitute a board of election, Avhich 
board of election shall have all the powers and shall 
perform all the duties of boards of election, as herein¬ 
before specified.* 

[of a re-count.] 


Contest of elec- ^^c. 61. At any time Avitliiii tcu days after the Tliurs- 

day next succeeding any election, any candidate for 
office at such election desiring to contest the same, may 
petition in Avriting the circuit court, if in session, or the 
judge thereof in vacation, for a re-count of the ballots 
cast at such election, by three commissioners to be 
appointed by the court or judge, tAVo of Avhom shall be 


.39 Ind., 488 ; 34 Ind., 425. 



69 


fVoin^ ditfereiit political j)arties: Provided,^ That such 
appointnieiits shall he iiiadc from tlic political parties 
which cast the highest number of votes at the last pre¬ 
ceding general election. 

Sec. 62. Upon the })etition of such candidate, (luly 
verified, showing that he desires to contest such elec-^^^'”'" 
tion, and honestly believes that there was a mistake or .?ame! when 
fraud committed in the official count, and that he desires 
a re-count of the ballots cast at said election for the 
office for which he was a candidate, and u})on proof 
that he has served a written notice upon the opposing 
candidate, of the time and place of such a})plication, 
five days before the hearing, and upon his furnishing a 
written undertaking, with sufficient freehold surety, 
that he will })ay all the costs of such re-count, the court 
or judge shall grant the ])rayer of said petition, and 
order said re-count to he made. 

!Sec. 63. In a})i)ointing such cmnimissioners to make Re-count by 
said re-count, the court shall fix the time within which 
the same shall commence, not exceeding twenty days 
therefrom, and the clerk of tlie circuit court shall act as 


the clerk of said commissioners. The order shall pro¬ 
vide that each of the candidates may he })resent during 
said re-count, and two tpialified voters of the county, 
selected by each of said candidates, may also he present, 
who may witness the re-count of the vote, and such 
witnesses shall conduct themselves in a([uiet and orderly 
manner, and shall not interrupt said commissioners 
while in the discharge of their duties. Such order shall 
be entered on the order book of the circuit court. 

Sec. 64. When said re-count is hnished, the commis- certificate of 
sioners, or a majority of them, shall make out a certifi-^ 
cate, under their hands, stating the number of votes 
that each of said candidates has-received for said office 
in each township and precinct, and which of said can¬ 
didates, as shown by the said re-count, received the 
highest number of votes, and what his majority or 
plurality was, and said certificate shall he tiled with the 
clerk of the circuit court, and by liim recoi’ded in the 
order book of said court. Such certificate or the record 
thereof may be used as evidence of the facts therein 
recited upon the trial of any contest of said election 
between said candidates. 

Sec. 65. iNTo adjournment shall be had until SRid^yj^encommis- 
re-count is finished, and said certificate made out and s’nersadjourn, 
filed, and said commissioners shall each be allowed and Compensation, 
paid by said petitioner at the rate of three dollars per 
day, each, for their services; and said clerk shall, as 


70 


as such re-couiit is completed, replace said hallots 
in the l)allot boxes, securely lock and seal them and 
keep them as above provided. For liis services in tlie 
matter of snch re-count he shall receive from such peti¬ 
tioner the sum of tlve dollars. 


Who may con¬ 
test election. 


Specification 
of contest, with 
whom filed. 


Notice of con¬ 
test. 


Legislative 
committee to 
try contested 
election case. 


Powers of com¬ 
mittee. 


Contesting seat 
in senate or 
house of repre¬ 
sentatives. 


[of the contest of elections.] 

Sec. 60. The election of any person declared elected 
by popular vote to any office, whetlier state, county, 
townshi]) or mnnici})al, may be contested by any elector 
who was entitled to vote for such person. The person 
contestino; such election sliall he known as the contestor; 
the person whose election is contested, as the contestee. 

Sec. 67. When such elector may choose to contest 
the election of any state officer, elective by the people, 
he sliall, within twenty days after the hrst day of the 
next session of the general assembly thereafter, deliver 
to the presiding officer of the house of representatives,, 
a specification of the grounds of such contest; which 
syiccilication shall he verified by the affiibwit of such 
elector. 

Sec. 68. As soon as such presiding officer receives- 
such s[)ecification, he shall make out a notice of contest, 
which, together with a copy of the sjiecifications, he 
shall cause to be directed and delivered to the person 
whose election is contested; and shall immediately give 
notice to both houses that such specifications have been 
received. 

Sec. 61). Each house shall choose liy a vica voce vote 
seven members of its own body, and the members thus- 
.selected shall constitute a committee to try and deter¬ 
mine such contested election, and for tliat ymrpose shall 
hold their meetings y)ul)licly, at the capitol, at such time 
and })hice as they may designate, and may adjourn from 
day to day, or to a day certain, until such trial sliall be 
determined; shall have power to send for persons and 
papers and to take all necessary means to procure testi¬ 
mony, extending like privileges to the contestor and 
the contestee, and shall report their judgment in the 
premises to both branches of the general assembly, which 
report shall be entered on the journals of the respec¬ 
tive houses, and the judgment of such committee shall 
be conclusive; and if such election be adjudged invalid,, 
such office shall be vacant. 

Sec. 70. Any such elector who may clioose to con¬ 
test the election of any person declared elected to a seat 
in the senate or house of representatives, shall, within 


71 


ten (lays after such election, tile with the clerk of the 
'Circuit court of the county in which the alleg’ed cause 
of contest originated, a statement of the grounds of con¬ 
test on whicli he relies; and that he was entitled to 
vote at such election, verified hy his affidavit.* 

Sec. 71. When such statement sliall be tiled, such ncpositions.by 
clerk shall issue a commission directed to two justices 
of the peace of his county, not of kin to the contestor, 
nor to any person who was a (aindidate at such election 
for the office the election to which is contested, to meet 
at such time and phu;e as shall he s})ecitied in such com¬ 
mission, not less than twenty nor more than thirty days 
from the time of issuing the same, for the pur])ose of 
taking the depositions of witnesses. 

Sec. 72. Written notice of such contest, specifying Notice to con- 
the time and place of taking depositions, and hefore 
whom to l)e taken, and a copy of such statement, cer¬ 
tified hy such clerk, shall, within ten days after such 
statement shall have been tiled, he delivered to the con- 
testee, or if he can not he found, shall he left at his last 
usual })lace of residence hy the sheriff of the county, who 
shall return to such clerk a certified copy of such notice, 
with the manner and time of service indorsed thereon, 
for which he shall receive from the contestor the same 
fees allowed in writs of summons. 

Sec. 73. Either of such justices sliall have power to foyers of jus- 
issue subpoenas, to he served hy the sheriff; and when cirS. 
met at the time and place appointed to take depositions, 
shall have the same power to issue attachments and 
assess fines against witnesses as is given to justices in 
the trial of suits instituted before them. 

Sec. 74. If either of the justices first appointed, he-how 
eomes unable to proceed in such examination, such clerk 
shall fill the vacancy with any other justice of the county. 

Sec. 75. Such justices shall meet at the time ‘‘^d 
place appointed, and take and certify such depositions, when; 
as in other cases; and may adjourn from time to time, whom deiiv- 
and when the same is closed, shall deliver the dejiosi- 
tions, with the commission, to such clerk. 

Sec. 76. Such clerk shall seal up the depositions, cierk to for- 
originaf statement of the grounds of contest, the copy s'^eireT^fy of 
of the notice served on the contestee, and the com- 
mission issued to such justices; indorse thereon the 
names of the contesting parties, and the hrancli of the 
legislature before which such contest is to he tried, and 
transmit the same hy mail to the secretary of state. 


■H6 Ind., 122. 



79 


s . rctar of sccrctaiy of state, on or before the- 

saitc sec()n(l day of tlie session of the general assembly held 

*%iext thereafter, sball deliver such depositions to the 
](residing officer of the ])roper house, who shall imme¬ 
diately lay the same before such bouse. 

Sec. 78. At any time after notice of contest, and be- 
tSany^imefore filial determination, either party may take deposi- 
inayberoaci. niuler tlie I'ules regulating 

the taking of depositions, to be read in the circuit 
court, aiufsuch depositions shall be sent by mail to the 
secretary of state, who shall deliver the same unopened 
to the presiding officer of the proper house. 

Sec. 71). Any election, the contest of which is ](ro- 
vided for in this act, may be contested for any of the 
followino’ (*auses : 

of any mem- 
judges or can- 


1,’ 0 II r e p t for 
wluit caiis-cs. 


First. Y or 
her or otlicer 
vassers. 
Second. 
Third. 
tion, sball 


irregularity or malconduct 
of the yu'oper board of 


Eleetionnotset 


When the coiitestee was ineligible. 

When the coiitestee, previous to such elec- 
have been convicted of an infamous crime; 
such conviction not having been reversed, nor such per¬ 
son pardoned at the time of such election ; or. 

Fourth. On account of illegal votes.* 

Sec. 80. No irregularity or malconduct of any mem- 
STforlrreg-her Or officcr of a board of judges or canvassers, shall 
comiuc-t,set aside the election of any person, unless such irregu¬ 
larity or malconduct was such as to cause the coiitestee 

t to be declared elected, when he had not received the 
highest number of legal votes ; nor shall any election be 
Pset aside for illegal votes, unless the number thereof 
given to the coiitestee, if taken from him, would reduce 
the number of his legal votes below the number of legal 
votes given to some other jierson for the same office.f 
Contest of coiitests foi* couiity aiid township offices 

toVnship tried in the proper county ; and all contests for 

where district aiul circuit offices, not otherwise provided in this 
act, shall be tried in the county giving the largest vote 
for such office at such election; and whenever any elec¬ 
tor shall choose to contest such election, he shall tile with 
the auditor of the proper county, within ten days after 
such person lias been declared elected, a written state- 
' ment specifying the grounds of contest, verified by the 
affidavit of such elector.! 


fices 

tried. 



Blkf., 607; 35 Ind., 485. 
t34 Ind., 185, 425 ; 50 Ind., 298. 

19 Ind., 475 ; 33 Ind., 197, 505 ; 27 Ind., 191 
320; 48 Ind., 301 ; 50 Ind., 298. 


28 Ind., 131; 31 Ind., 151; 42 Ind., 



73 


IHid 

Sec. 82. Wlien such statement is filed with tlie aud-^o^ 
itor ot the proper county, he sliall immediately give to clerk, 
notice in writing to the clerk of the circuit court, that 
the election to such office is contested; and when the 
office of county auditor is contested, sucli statement 
shall he tiled with the clerk, who shall do the duties cierk to per- 
otherwise required by this act of the auditor; the tiling ludit or! 
of such statement being notice to himself. 

Sec. 83. When such statement is tiled with the and- County com- 
itor, he shall issue a notice to the board of county com-t?y ^^contesteli 
missioners to meet at the court house at a designated 
time, not less than ten nor more than twenty days there¬ 
after, to try such contested election, and shall issue a 
notice to the contestee to ajipear at the time and place, 
specified in the notice to the commissioners, which, 
with a copy of such statement, shall he delivered to the 
sheriff of the county, who shall, within live days thei’e- 
after, serve the same on the contestee, by delivering to 
him a copy of such notice and statement, or leaving a 
€opy thereof at his last usual place of residence.* 

Sec. 84. The auditor, at the recpiest of either party, Auditor to is- 
shall issue subptjenas, which shall he served by the 
sheriff'; such board of commissioners shall try and de¬ 
termine such contest, and shall have power to ^‘ompel 
the attendance of witnesses, to swear and examine the missioners try- ■ 
same, punish contempts as other courts, to adjourn 
vontinue the trial from time to time, not exceeding 
twenty days- altogether, and to make the necessary 
orders for the payment of costs, and to coerce the pay- 
inent of the same, and shall be governed in such trial 
by the rules of law obtaining in circuit courts; and if 
it be proved that any person, other than the contestee, 
has the highest number of legal votes, such board shall 
declare such person elected and certify the same to the 
proper officer. 

Sec. 85. Appeals may be taken herein, as from 
other decisions of such board: Provided^ The same be 
taken within ten days. 

Sec. 8(3. If upon such appeal the circuit court con- Certificate of 
1 1 A x‘ 1 11 • .^election on ap- 

firm such election, a certmeate therimt shall issue; it peai; vacancy, 
such election be annuled and no other person declared 
elected to the same office it sliall be declared vacant. 

Sec. 87. Any witness who voted at such election, Quaiifi^caUon 
when called to testify in any such case, shall be retpiifed 
to answer touching Itis qualifications, and if he was not 
a qualitied elector he shall be required to answer for 


=‘37 Ind., 198. 



74 


whom he did vote, and such admissions shall not he' 
used ag’ainst him in any prosecution for illegal voting. 

Fees in eon- Sec. 88. Tlie sheriff, auditor, clerk, and justices of 
tlie peace, for services rendered hy them in case of con¬ 
tested elections, shall receive from the party at whose 
instance such services are performed the fees usually 
allowed for similar services in other cases, which fees 
shall he taxed as costs against the losing party and coJ- 
lected as other costs are taxed and collected. 

Cotnmisj^ioner 89. The court trying the cause, at the request of 

to try cause, coutcstor aiid coutestec, in writing, or upon the ap¬ 

plication of either party, supported l)y affidavit show¬ 
ing that a saving of expense to the parties, the 
eonvenience of the witnesses, and the ends of justice 
will l)e promoted thereby, may appoint a commissioner 
to take the testimony of witnesses in wu’iting at any 
time before the first hearing, and shall provide, in the 
order of appointment, that each party shall give reason- 
abie notice to the other of the time and place of such 
taking. Such commissioner shall have power to suh- 
poena and compel the attendance of witnesses residing 
in the county, and it shall be his duty to take dowm in 
writing all the testimony offered by the parties, and to 
note all objections to the testimony, and he shall rei)ort 
the same to the court trying the cause within the time 
limited by the order appointing him. 

Contest for coiitests for municipal offices shall be 

tried before the circuit court of the proper county in 
the manner provided by law for the contest of county 
and township offices. The clerk of the circuit court 
shall be the person wdth wdiom the notice of contest 
shall he filed, and he shall perform all the duties required 
to be |)erformed by him and the auditor in other cases, 
and the contest shall be set down for trial at the next 
term of such circuit court. 

Appeal. cases of contested elections where an 

appeal has been taken from the board of county com¬ 
missioners to the circuit court, either party feeling ag¬ 
grieved by the judgment of said court may appeal 
therefrom to the Supreme court, as in other civil cases. 
The appeal bond in such case shall be in a penalty suf¬ 
ficient to secure any damage which may accrue by a 
stay of proceedings upon the judgment, and whenever 
by reason of such appeal, a party may be excluded from 
the office to which he may be entitled, pending such 
a])peal, the principal and sureties in said bond shall be 
liable thereon for the amount of the emoluments of the 
office to the party deprived thereof. 


75 


[offenses against the right of suffrage.] 

Sec. 268. Whoever, not liaving the legal qiuilifica- niepai voter, 
tions of a voter, at any election authorized by law to be 
•held in this State for any officer whatever, votes or 
offers to vote at snch election, shall he lined not more 
than live hnndred dollars nor less than ten dollars, 
imprisoned in the county jail not more than one year 
nor less than one month, and disfranchised and rend¬ 
ered incapable of liolding any office of trust or prolit 
for ai^y determinate period. 

Sec. 264. Whoever knowingly votes, or offers tovotin^in 
vote, in any precint or ward, except the one in'which 
he resides, shall he fined not more than five linndred 
nor less than ten dollars, imprisoned in the county jail 
not more than one year nor less than one month, and 
disfranchised and rendered incapable of holding any 
office of trust or profit for any determinate period. 

Sec. 265. Whoever passes from any other state 
• this state and votes, or attempts to vote, at any voting illegally, 
precinct or ward of this state, not being at the time a 
bona fide resident of such voting precinct or ward, shall 
he fined not more than one thousand dollars nor less 
than fifty dollars, imprisoned in the state jirison not 
more than five years nor less than one year, and dis¬ 
franchised and rendered incapable of holding any office 
of trust or profit for any determinate period. 

Sec. 266. Whoever hires, or solicits, any person to importing vj)- 
ooine from any state into this state for the purpose 
voting at any election therein, or to pass from any 
county to another county, or from any townshij) into 
another townshi}), or from any voting [)recinct oi’ ward 
into another voting jirecinct or ward of the state, for 
the })urpose of voting therein at any election held therein, 
such person, so solicited, not lieing a legal voter in such 
county, township, precinct or ward, shall he fined not 
more than one thousand dollars nor less than fifty dol¬ 
lars; im])risoned in the ^tate prison not more than five 
years nor less than one year, and disfranchised and ren¬ 
dered incapable of holding any office of trust or profit 
for any determinate i)eriod. 

Sec. 267. W^hoever votes more than once at any elec- luore 

1 • , , •, I - , 1 • i 1 than once. 

tion in this state, either at the same precinct or ward or 
at different precincts or wards, shall he fined not more 
than one thousand dollars nor less tlian fifty dollars; im¬ 
prisoned in the state prison not more than five years nor 
less than one year, and disfranchised and rendered inca- 



76 


})a])le of holding any office of trust or profit for any de¬ 
terminate period. 

Hiring men to Wlioevei’ liii’es, huys, or offers to hire or 

pteor refrain |)^iy or fumislies aiiv moiiey or otlier means to be useaL 

from votinfr. f i -i x i 

or directs or permits his money or other means to be 
used, to indu(*-e, liire or buy any person to vote; or refrain 
from voting, for any candidate for any office, or whoever 
attempts to induce any person to vote, or to refrain from 
voting, for any candidate for any office, by offering such 
])erson any reward or tavor, sliall he fined not more than 
one thousand dollars nor less than twenty dollars; im¬ 
prisoned in the state prison not more than five years nor 
less than one year, and disfranchised and rendered in¬ 
capable of holding any office of trust or profit for any 
determinate period. 

Sec. 269. Whoever sells, barters, or offers to sell or 
barter his vote for any candidate for any office either 
for any money or property or thing of value, or for any 
promise or favor or hope of reward, given or offered by 
any candidate, or by any other person or persons, shall 
be fined not more than one thousand dollars, nor less, 
than fifty dollars; imprisoned in the state prison not 
more than five years nor less than one year, and dis¬ 
franchised and rendered incapable of holding any office 
of trust or profit for any determinate period. 

Officer tamper- f’EC. 270. Whoever, being a towiisliip trustee, iiispec- 

ing with 
lots. 


Selling vote. 


per- 

bal- 


tor, judge of election or clerk of election, takes out of 
the ballot box any ballot legally deposited therein, for 
the })urpose of destroying the same, or substituting an¬ 
other in its place, or after the same has been legally taken 
out, intentionally destroys or misplaces the same with 
the intent to substitute another ballot therefor, or with 
the intent to prevent the same from being counted at 
such election, or knowingly enters upon the poll books 
the name of any jierson who has not legally voted at 
such election, or intentionally tallies any vote to any 
candidate not voted for by such ballot, or permits any 
one of these acts to be done, shall be fined not more 
than one thousand dollars nor less than fifty dollars; 
imprisoned in the state prison not more than.five years 
nor less than one year, and disfranchised and rendered 
incapable of holding any office of trust or profit for any 
determinate period. 

Officer altering towiisliip trustee, iiispector or any 

returns. persou actiiig for or on behalf of any trustee or inspec¬ 
tor, while forming a board of canvassers or before the 
canvassing of any board of canvassers, or after the ad- 
journmetit of any board of canvassers, who shall, with 


77 


intent to cheat and defraud, alter any election return, as 
made by the election board of any voting precinct, either 
by increasing the vote of any candidate or reducing the 
same, or shall intentionally destroy, misplace or lose any 
j)oll book or tally sheet, or any clerk of court who shall, 
with intent to cheat and defraud, change or alter in any 
way the vote of any candidate as returned by the board 
of canvassers or any such trustee, ins})ector, clerk or 
deputy clerk or other person acting for such persons, 
who shall consent to the same being done, or who shall 
permit the same to be done, shall be fined not more than 
one thousand dollars nor less than fifty dollars; impris¬ 
oned in the state prison not more than five years nor 
less than one year, and disfranchised and rendered in¬ 
capable of holding any office of trust or profit for any 
determinate period. 

Sec. 272. Whoever, being an inspector or judge of aie- 

any election held within this state, knowingly and will-^ 
fully 'or corruptly, refuses or neglects to receive the 
vote of any legal voter, at any election held within this 
state, sliall be fined not more tlian five hundred dollars, 
nor less than fifty dollars, and disfranchised and ren¬ 
dered incapable of holding any office of trust or profit 
for a determinate period. 

Sec. 273. Whoever, bein^ an inspector, judffe or officer per- 
clerk of an election, attempts to induce, by persuasion, menacing yo- 
menace or reward, or promise thereof, any elector to 
vote for any person, the person so offending shall be 
fined not more than one hundred dollars, nor less than 
ten dollars. 

Sec. 274. Whoever, being a judge, inspector, clerk, Officer opening 
or other officer of an election, opens or marks, by folding ticket, 
or otherwise, any ticket presented by such elector at 
such election, or attempts to find out the names thereon, 
or suffers the same to be done by any other person, be¬ 
fore such ticket is deposited in the ballot box, shall be 
fined in any sum, not more than one hundred dollars, 
nor less than ten dollars, iind disfranchised and rendered 
incapable of holding any office of trust or profit for any 
determinate period. ^ 

Sec. 275. Whoever furnishes an elector who can not 
read the English language, at any election held pursu¬ 
ant to law, with a ticket which such person shall repre¬ 
sent to such elector, as containing a name different from 
the one printed or written thereon, shall be fined not 
more than one hundred dollars, nor less than ten dollars, 
and disfranchised and rendered incapable of holding 
any office of trust or profit for any determinate period. 


78 


^ . Sec. 276. Wlioever fmiiduleiitly causes, or attempts 

Causinsperson i i i i a. i. 

to vote eon- to cause, any elector, at any election Jield pursuant to 
teition^.^^'^ law ill tliis State, to vote for a person dittereiit from 
the one lie intended to vote for, shall be fined not more 
tlian one hundred dollars, nor less than ten dollars. 

Sec. 277. W^hoever, for the purpose of influencing a 
bribe1-y.c\^c”To votcr, sccks, hy violence or threats of violence, or threats 
affect election. eiiforce tlie payment of a debt, or to eject, or threaten 
to eject, from any house he may occupy, or to begin a 
criminal ])rosecution, or to injure the business or trade 
of an elector, or, if an employer of laborers, or an agent • 
of such employer, threatens to withhold the Avages of, 
or to dismiss from service, any laborer in bis employ¬ 
ment, or refuses to allow aii}" such employe time to 
attend at the place of election and A"ote, shall be fined 
not more than one thousand dollars, nor less than 
twenty dollars, imprisoned in the state prison, not more 
than flve years, nor lessthail one year, and disfranchised 
and rendered incapable of holding any office of trust or 
profit for any determinate period. 

Obtajnino-bai Wlioevcr, at any election, unlawfully, 

lot ‘ boxes by either by force, fraud or other improper means, obtains 
or attempts to obtain, possession of any ballot box, or 
any ballots therein deposited, while the voting at such 
election is going on, or before the ballots are duly taken 
out of such ballot box and counted by the election 
board according to law, shall be fined not more than 
one thousand dollars, nor less than fiftv dollars;, im- 
prisoned in the state prison, not more than five years, 
nor less than one year, and disfranchised and rendered 
incapable of holding any office of trust or profit for any 
determinate period. 

„ , . Sec. 279. Whoever unlawfully destroys or atteniiAts 

Ucstroyinf^ 4/ x 

ballot boxes or to destroy auy ballot box used, any ballot or vote depos- 
baiiots. ited, or any poll book kept at any election, shall be 
fined not more than one thousand dollars, nor less than 
fifty dollars, imprisoned in the state prison, not more 
than live vears, nor less than one vear. and disfranchised 
and rendered incajiable of holding any office of trust or 
profit for any determinate period. 

■ , . , Sec. 280. Whoever, by persuasion, menace or reward, 

tore-signeoun- 01 * promisc thereof, induces or attempts to induce, any 
tyseatpetition, couiity to sigii auy Written or printed 

])etition for the relocation of the county seat of any 
county, or any remonstrance against such relocation, 
shall be fined not more than five hundred dollars, nor 
less than ten dollars, to which may be added imprison¬ 
ment in the county jail, not more than six months, nor 


79 



or 

eat 


less tluin ten days, and he shall he disfranchised and 
rendered incapable of holding any office of trust or 
profit for any determinate period. 

Sec. 281 Whoever, heing^ a legal voter of aiiyseiune ng„a- 
county, sells or barters or offers to sell or barter for 

^ i 1 . seat petition. 

money, pro])erty or thing of yalue, or for any j)romise 
or hope of reward, giyen or offered by any person, his 
signature to any written petition for the relocation of 
any county seat, or to any remonstrance against such 
relocation, shall be fined not more than fiye hundred 
dollars, nor less than ten dollars, to which may be added 
imprisonment in the county jail, not more tlian six 
months, nor less than ten days, and he shall be disfran¬ 
chised and rendered incapable of holding any office of 
trust or })rofit for any determinate period. 

Sec. 282. Whoeyer yotes more than once at anyi^aiit^ad 
election tor the relocation of any county seat, or for aid election; vot- 
to any railroad, either at the same precinct or at differ-once?^^^^® 
ent precincts, shall be deemed guilty of a misdemeanor, 
and on conyiction shall be fined in any sum not more 
than fifty dollars, nor less than ten dollars. 

Sec. 283. Whoeyer buys, or offers to buy, either by Railr'oa ci or 
himself or by any other person, or furnishes any i^iouey 
or any other means to be used, or who sliall permit his ''ote! 
money or other means to be used, to hire,duiy or in¬ 
duce any person to yote for or against the remoyal of a 
county seat, or for or against the appropriation of aid to 
any railroad ; or whoeyer attempts to induce ain^ per¬ 
son to yote for or against such remoyal or ^ippropria- 
tion, by offering any reward or fayor, shall be deemed 
guilty of a misdemeanor; and whoeyer, being a yoter 
of this state, sells or barters, or offers to sell or barter, 
for any money or property, or anything of yalue, or any 
promise or hope of reward giyen or ottered h\ any per¬ 
son or persons, his yote for the remoyal or for the relo¬ 
cation of a county seat, or against such remoyal or relo- 
cation, or against such approjiriation or in fayor of such 
appro])riation for said railroad, shall be deemed guilty 
of a misdemeanor, and, upon conyiction of yiolating any 
of the proyisions of this section, the })erson so offending 
shall be fined in any sum not more than one hundred 

t/ 

dollars, nor less than twenty-fiye dollars, and disfran¬ 
chised and rendered incapable of holding any office of 
trust or profit for any determinate period not exceeding 
fiye years. 

Sec. 284. Whoeyer giyes or otters a bribe, threat or 
reward, to procure his election to any office under the 
constitution or laws of this state, shall be fined not more 



80 


than one thousand dollars, nor less than fifty dollars, and 
imprisoned in the state prison not more than five years 
nor less than one year ; and such person so offending, if 
elected to such office, shall he disqualified from holding 
office during the term for which he may have been 
elected, and also disfranchised for any determinate 
period. 



iitTiDEx:. 


Pa-gk. 

ACTS GOVERNING ELECTIONS-March 30,1881 . 29 

February 21, 1881. 51 

April 21,1881. 53 

ADJOURNMENT of board of election not permitted. 17 

AMENDMENTS to constitution. 52 

APRIL ELECTION—How conducted. 6 

Statutory provision for. 67 

What officers elected. 6 

APPEALS from contested cases, before board of commissioners. 25 

Statutory provision for.*. P 74 

ARREST—Electors free from, when. 28 

ASSESSORS—When elected.6, 67 

AUDITOR OF COUNTY—Duties of, in cases of contest. 24 

Shall convence board. 24 

BALLOT-BOX—Provided by commissioners. 10 

How made..•... . 57 

How locked.. . . . 58 

How keys shall be kept.. ... 63 

Shall contain two locks. 10 

BALLOT—Vote by, discussed. 28 

Defined. 29 

Secrecy of inviolate.( . 40 

Statute concerning construed. 38 

BALLOTS-Vote shall be by. 58 

Shall be of uniform appearance.‘ . 58 

Shall not be marked.. ..•. 28 

How received...,. 10 

How disposed of in general elections.. 7 

How disposed of in township elections .. 67 

BOARD OF ELECTION—How formed. 11 

Shall inform challenged party of his rights . .. 16 

May receive or refuse challenged party’s vote .'. 16 

Liability of. 1^0 

Clerks of. 10 

May admit witness to count. 18 

Shall certify votes cast. 18 

Shall take oath to discharge duties. 12 

Oath of shall be in writing and returned. 13 

Shall open election when.t. 13 

Shall not adjourn until count is made. 17 

Penalty for refusing witness to count. 18 

May not vote after count commences. 17 













































82 


BOARD OF CANVASSERS. 

When and where to meet. 

Shall sign tabulated statement. 

Shall certify party elected. 

Town elections. 

Duties of defined ..; • • • 

BOARD OF COMMISSIONERS—Shall try contests, when. 

May continue contest case. 

Duties in forming precincts. 

In appointing inspectors. 

BRIBERY—Disqualifies officer.. 

CANVASSERS, BOARD OF—See board of canvassers. 

CAUSE of contest. 

CAUSE of challenge. 

CHALLENGE—By whom made.. 

Duties of election board.. 

Oath of challenged party • .. 

Oath of freeholder.... 

Subject discussed. 

CITY AND TOWN ELECTIONS .. 

Duties of common council.. 

Of town trustees.. 

May change precincts. 

Shall appoint election boards. 

Under Act April 21,1881. 

Number of votes in precinct not to e.xceed 350 . 

CLERKS OF BOARD OF ELECTION—How and by whom appointed 

Oath of.^. 

May not vote after count commences.. . . . 

Duties of..*. 

CLERK OF CIRCUIT COURT. 

Duties of touching elections. 

Shall certify statement. 

Shall transmit same by mail.. 

When justice is elected. 

In contested elections. 

In cases of recount... 

Shall certify depositions in contests. 

When election of auditor is contested. 

Shall forward papers to secretary of state.. 

When governor is elected. 

Duties defined. 

COUNTY COMMISSIONERS-Duties defined . . •.. 

When and shall form precincts.. 

Shall provide ballot boxes. 

Shall appoint inspectors. 

Shall try contests of election. 

Ballot boxes to be provided with two locks. 

CONSTITUTIONAL PROVISIONS—Qualificiitions of electors. 

Residence of electors. 

Age of elector...* . . . 

Time of general election. 

CONTESTED ELECTIONS. 

State officers, who tried.• . . . . 

County and district offices. 

Senators and representatives. 

Principal officers.. 

COUNT of votes.. 

DEPOSITIONS in contested elections. 

DECEIVING VOTER-Penalty for.. . 

DESTROYING BALLOT BOX-Penalty for.: 


Pagk. 
. 18 
. 18 
. 19 

. 19 

. 21 
. 47 

. 24 

. 25 

9 

. * 10 
. 6 

. 16 
. 14 

. 14 

. 14 

. 14 

. 15 

. 29 

. 21 
. 21 
. 21 
. 21 
. 21 
. 33 

. :14 

. 12 
. 13 

. 17 

. 13 


8 

8 

9 

9 

9 

23 


72 

66 

46 

9 

9 

10 

10 

10 

58 

5 

5 

5 

5 

68 

22 

23 

23 

25. 

17 

23 

31 

31 






























































83 


DISABILITY defined. 

DOMICILE or residence. 

ELECTION-GENERAL-Statute. 

Time of holding. 

Board of, how chosen. 

How opened. 

When may be closed. 

May not adjourn. 

When vote is challenged. 

Board’s duty when vote is challenged. 

Shall give notice of closing. 

ELECTOR—Qualifications of.,. 

Residence of.. 

Rights of. 

May contest election when. 

May appeal from decision in contest. 

Presumed to know' candidate he votes for. 

Eligibility of candidate discussed. 

Of cities and towns. 

ELECTOR’S FOR PRESIDENT-IIow and when elected . . . 

FOREIGN BIRTII-Citizen of. 

FORM OF OATH—By inspector on returning papers. 

Of inspector. 

Of clerks. 

Of challenged voter. 

Of challenged voter of foreign birth. 

Of resident freeholder ■. 

FREEHOLDER, OATH OF—\Yhen vote is challenged. 

May challenge judge of election. 

GENERAL ELECTION.. . . . 

What officers chosen at. 

Officers of. 

GOVERNOR—How and when elected. 

Power of, touching commissions. 

GROUNDS OF CONTEST. 

HOME, OR DOMICILE of voter. 

When shall be considered. 

Definition of domicile. 

HIRING VOTER-Penalty for. 

INELIGIBILITY of candidate. 

INSPECTOR—How appointed. 

Township trustee inspector of his own precinct. 

When more precincts than one in township. 

Duties of inspectors. 

Is chairman of election board. 

Oath of inspectors. 

Who may administer oath of. 

How he shall receive ballots. 

May not mark ballot. 

Shall not vote after count is begun. 

Shall not state result of count when. 

Duties in counting votes. 

Shall seal papers with wax. 

Shall make oath that ballots have not been tampered with 

INTENTION alfects residence. 

IMPRISONMENT disfranchises voter. 

INTIMIDATING voter. 

JUDGES of election.• 

May be removed for cause.• 

Qualifications of. • 


Pagk. 
. 44 

. 26 
. 53 

. 5 

. 6 
. 13 

. 13 

. 13 

. 16 
. 16 
. 13 

. 5 

. 5 

. 26 
. 32 

. 32 

. 32 

. 32 

. 33 

. *6 

5 

7 

. 12 
. 13 

. 14 

. 15 

. 13 

. 13 

. 28 
. 53 

5 

6 

. 8 
45 
. 23 

. 26 
. 27 

. 27 

. 30 

. 32 

. 10 
. 9 

. 10 
. 11 
. 11 
. 12 
. 12 
. 16 
. 39 

. 60 
. 60 
. 17 

. 18 
. 13 


27 

30 

11 

11 

11 






























































84 


JUDGES—Continued. Page. 

Oath of—Shall be in writing. 12 

Shall repeat name of voter. 16 

Duties in making count. 17 

JUDGES OF SUPREME COURT—How and when elected. 8 

JUSTICES OF THE PEACE—When elected. 6 

Duties in contested election cases. 23 

KINSHIP to candidate disqualifies board. 28 

KEYS of ballot boxes shall be kept by trustee. 63 

LAWS GOVERNING ELECTIONS—Act of March 30,1881 . 49 

Act of February 21,1881.;. 51 

Act of April 21,1881. 53 

lilABILITY of board of election. 30 

Of elector for illegal voting. 30 

For coming from another state... 30 

For voting more than once. 30 

IjIEUTENANT GOVERNOR—When elected. 8 

MAILING ELECTION—Election returns. 8 

Certificate of postmaster. 8 

MAJORITY" of votes will not elect if candidate ineligible. 32 

Doctrine discussed. 32 

MATERIAL facts to be declared by board of canvassers. 47 

MEALS to be furnished boatd of election. 61 

NAME of elector shall be announced. . .. 59 

Shall be entered on poll list . .. 59 

Shall be repeated by judge. 59 

NOTICE of general election. 7 

Given by sheriff. 66 

Of change of precinct. 10 

Of special elections. 21 

Of recount . 21 

Of contest. 22 

Of change of precincts in cities or towns. 67 

OATH OF inspector, before clerk of circuit court.. 7 

Inspector shall be in writing. 12 

Of judges shall be in writing. 12 

Of clerks shall be in writing.. . 13 

Shall be attached to returns.; . . ... 13 

Of challenged voter . .. 14 

Of freeholder in support of challenged voter. 14 

OPENING election. 13 

PENAL LAIVS—For illegal voting.'. 31 

PENALTY for refusing witness to count. 18 

POLLS—When shall be opened. 13 

When closed. 13 

PRECINCTS—How formed.’ ’ ’ 9 

How bounded. 9 

Township may form one. 10 

Notice of change of. 10 

In cities and towns ... 

Number of voters in...’. 34 

PROCLAMATION of opening election. 13 

Of closing. 13 

QUALIFICATIONS of elector.•.' ‘ 53 

QUESTION of residence discussed. 27 

Of secrecy of ballot discussed. 35 

Of eligibility of candidate discussed. 41 

RECESS—Not allowed until count is completed. I 7 

RECOUNT of ballots.21 

Petition for. 2 I 

Commissioners to make. 22 






























































85 


Page. 

REPRESENTATIVE—How elected and certified. 8 

RETURN OF ELECTION—Made when and by whom. 18 

How made. 19 

Shall not be rejected for informality. 19 

What papers returned. 56 

RESIDENCE—What constitutes. 26 

Subject discussed. 27 

How lost. 28 

To entitle elector to vote. 58 

RIGHTS of electors . ... 26 

May vote in his own precinct. 28 

May not mark his ticket. 28 

May not vote out of his precinct. 30 

May not pass from another state into this. 30 

May contest any election if entitled to vote at it.. 32 

May challenge any vote offered. 14 

May not be arrested on election day. 28 

His name shall be entered on poll list. 14 

SENATORS OF STATE LEGISLATURE-How elected. 6 

" When contested.. . . . . 8 

SHERIFF’S DUTIES—General elections. 53 

In special elections. 20 

In contested elections. 24 

SPECIAL ELECTIONS-How ordered. 20 

Duties of board of. 20 

How conducted. 20 

Notice of, how given... 24 

SUPERINTENDENT—How and when elected. 6 

STATUTES GOVERNING ELECTIONS-Only directory. 8 

SUPREME COURT DECISIONS—Numbering or marking ballot. 34 

TALLY SHEETS—What shall contain. 18 

TEMPORARY RESIDENCE makes no change of political rights. 26 

THREATS or intimidation, penalty for. 30 

TERM of office explained. 42 

Constitution construed by supreme court. 42 

TOWN ELECTION. 33 

May be divided into precincts of 350 votes. 33 

Trustees of to appoint inspectors. 34 

Qualification of election board of. 34 

Supercedes act of March 31,1881. 33 

Notice of change, or formation of precincts. 67 

TOWNSHIP ELECTIONS. 67 

When held. 19 

Board of . . '. 19 

What officers elect at. 6 

IVhen more than one precinct. 20 

TOWNSHIP—May form one precinct. 9 

Trustee inspector when but one precinct. 10 

Inspectors appointed when more than one. 10 

TRUSTEE OF TOWNSHIP—When elected. 6 

Inspector of his own precinct ■ . . \ . 9 

Shall retain keys of bAllot boxes . .i. 03 

Shall keep ballot boxes. 0:> 

Shall furnish meals to board. 17 

VIVA VOCE elections. 6 

VOTES—How counted. 10 

By ballot explained by supreme court. <35 

For ineligible candidate, effect of. 32 

VOTER—Where must reside. 26 

Must vote in his own precinct. 26 


/ 






























































86 


VOTER—Continued. Pagf:. 

Can not be compelled to disclose for whom he voted. 38 

WITNESS from each party shall be admitted to see count. 17 

May protest against fraud or irregularities. 17 

In contested eases. 31 

Depositions of in contested cases. 25 















- - * 


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